A.R.S. tit. 8 | Title 8 — Child Safety

Chapter 1 Adoption

Article 1 General Provisions

§ 8-101 Definitions

In this article, unless the context otherwise requires:

"Adult" means a person eighteen years of age or older.
"Agency" or "adoption agency" means a person other than the division licensed by the division to place children for adoption, including an attorney or law firm.
"Agency placement adoption" means an adoption proceeding in which one or more of the requisite consents are given to an agency pursuant to section 8-107, subsection D, paragraph 1.
"Child" means any person under eighteen years of age.
"Custody" means a status embodying all of the following rights and responsibilities:

(a) The right to have the physical possession of the child.

(b) The right and the duty to protect, train and discipline the child.

(c) The responsibility to provide the child with food, shelter, education and health care, and the authority to consent to surgery or other extraordinary medical care in an emergency.

"Direct placement adoption" means an adoption proceeding in which one or more of the requisite consents are given to a particular person pursuant to section 8-107, subsection D, paragraph 2.
"Division" means the department of child safety.
"Juvenile court" or "court" means the juvenile division of the superior court.
"Permanent guardian" means a legal guardian appointed by the court pursuant to section 8-871.
"Petitioner" includes both petitioners under a joint petition.

§ 8-102 Who may be adopted

A. Except as provided in title 14, chapter 8 and subsection B of this section, only a child, or a foreign-born person who is twenty-one years of age or less and who is not an illegal alien, who is present within this state at the time the petition for adoption is filed may be adopted.

B. A dependent child is not required to be present in this state at the time the petition for adoption is filed if the criteria prescribed in section 8-103, subsection B are met.

§ 8-102.01 Jurisdiction

If a petition for adoption is filed prior to a child's eighteenth birthday jurisdiction of the superior court continues for purposes of entering an order of adoption of such child even if the child becomes eighteen years of age prior to the final adoption hearing.

§ 8-103 Who may adopt

A. Any adult resident of this state, whether married, unmarried or legally separated, is eligible to qualify to adopt children. A husband and wife may jointly adopt children.

B. An adult nonresident of this state, whether married, unmarried or legally separated, is eligible to qualify to adopt a child if all of the following apply:

The child is a dependent child and currently under the jurisdiction of the juvenile court in this state.
The child currently resides in the home of the applicant.
The department placed the child in the home of the applicant pursuant to section 8-548.
The department recommends the adoption of the child by the applicant.
The foster care review board has reviewed the child's case as required by section 8-515.03, except that the court may not delay the child's adoption if the foster care review board has not reviewed the child's case.

C. Pursuant to rules adopted by the department, the department or adoption agency shall place a child in an adoptive home that best meets the safety, social, emotional, physical and mental health needs of the child. Other relevant factors for consideration, in no order of preference, shall include:

The marital status and the length and stability of the marital relationship of the prospective adoptive parents.
Placement with the child's siblings pursuant to section 8-862.
Established relationships between the child and the prospective adoptive family as described in section 8-862, including placement with a grandparent or another member of the child's extended family, including a person or foster parent who has a significant relationship with the child.
The prospective adoptive family's ability to meet the child's safety, social, emotional, physical and mental health needs and the ability to financially provide for the child.
The wishes of the child who is twelve years of age or older.
The wishes of the child's birth parents unless the rights of the parent have been terminated or the court has established a case plan of severance and adoption.
The availability of relatives, the child's current or former foster parents or other significant persons to provide support to the prospective adoptive family and child.

D. If all relevant factors are equal and the choice is between a married man and woman certified to adopt and a single adult certified to adopt, placement preference shall be with a married man and woman.

E. In each adoption proceeding, the court shall make findings on the record regarding the best interests of the child pursuant to law.

§ 8-104 Venue

A petitioner may begin adoption proceedings in the court in the county where the prospective adoptive parent resides or, if applicable, in the county where the child is a ward.

§ 8-105 Preadoption certification; investigation; central adoption registry

A. Before any prospective adoptive parent may petition to adopt a child the person shall be certified by the court as acceptable to adopt children. A certificate shall be issued only after an investigation conducted by an officer of the court, by an agency, by the department or by an entity contracted by the department to do an investigation and home study for foster home licensing or preadoption certification. A written application for certification shall be made directly to the court, to an agency, to the department or to an entity contracted by the department, in the form and content required by the court, agency or department.

B. The department is not required to accept every application for certification. In determining which applications to accept the department may give priority to applications filed by adult residents of this state who wish to adopt a child who has any special needs as defined in section 8-141.

C. After receiving and accepting the written and completed application of the prospective adoptive parent or parents, which shall include a financial statement and a physician's or a registered nurse practitioner's statement of each applicant's physical health, the department, the agency, an officer of the court or the entity contracted by the department shall conduct or cause to be conducted an investigation of the prospective adoptive parent or parents to determine if they are fit and proper persons to adopt children.

D. The department shall not present for certification a prospective adoptive parent unless that person and each other adult member of the household have a valid fingerprint clearance card issued pursuant to section 41-1758.07. The prospective adoptive parent and each other adult member of the household must certify on forms that are provided by the department and that are notarized whether that person is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

E. An officer of the court may obtain a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

F. This investigation and report to the court shall consider all relevant and material facts dealing with the prospective adoptive parents' fitness to adopt children and shall include:

A complete social history.
The financial condition of the applicant.
The moral fitness of the applicant.
The religious background of the applicant.
The physical and mental health condition of the applicants.
Any court action for or adjudication of child abuse, abandonment of children, dependency or termination of parent-child relationship in which the applicant had control, care or custody of the child who was the subject of the action.
Whether the person or persons wish to be placed on the central registry established in subsection M of this section.
All other facts bearing on the issue of the fitness of the prospective adoptive parents that the court, agency or department may deem relevant.

G. The investigator shall not reveal to the prospective adoptive parents the identity of a child or the child's parent or parents and shall not reveal to the child or the child's parent or parents the identity of the prospective adoptive parents if these facts are not already known.

H. Within ninety days after the original application prescribed by subsection A of this section has been accepted, the department, the agency or the entity contracted by the department or a person or agency designated by the court to conduct an investigation shall present to the juvenile court the written report required by subsection F of this section, which shall include a definite recommendation for certifying the applicant as being acceptable or nonacceptable to adopt children and the reasons for the recommendation.

I. Within sixty days after receiving the investigation report required by subsections F and H of this section, the court shall certify the applicant as being acceptable or nonacceptable to adopt children based on the investigation report and recommendations of the report. A certification remains in effect for eighteen months from the date of its issuance and may be extended for additional one year periods if after review the court finds that there have been no material changes in circumstances that would adversely affect the acceptability of the applicant to adopt.

J. The court may require additional investigation if it finds that additional information is necessary on which to make an appropriate decision regarding certification.

K. Any applicant who has been certified as nonacceptable may petition the court to review that certification. Notice shall be given to all interested parties and notice may be given to the foster care review board if the child sought to be adopted is in out-of-home placement and is a dependent child or the subject of a dependency action. The matter shall be heard by the court, which may affirm or reverse the certification.

L. If the applicant is certified as nonacceptable, the applicant may not reapply for certification to the court, to any agency, to the department or to an entity contracted by the department for one year.

M. The department shall maintain a central adoption registry that includes the names of all prospective adoptive parents currently certified by the court as acceptable to adopt children, except those who request that their names not be included, the names of all children who are under the jurisdiction of the department and who are currently available for adoption, the names of any other children who are currently available for adoption and whose names are voluntarily entered in the registry by any agency, parent or other person that has the right to give consent to the child's adoption, and other information as the department may elect to include in aid of adoptive placements. Access to information in the registry shall be made available on request to any agency under assurances as the department may require that the information sought is in furtherance of adoptive placements and that confidentiality of the information is preserved.

N. This section does not apply if:

The prospective adoptive parent is the spouse of the birth or legal parent of the child to be adopted or is an uncle, aunt, adult sibling, grandparent or great-grandparent of the child of the whole or half-blood or by marriage or adoption.
The birth or legal parent is deceased but at the time of death the parent had legal and physical custody of the child to be adopted and the child had resided primarily with the spouse of the birth or legal parent during the twenty-four months before the death of the parent.
The grandparent, great-grandparent, uncle, aunt, great-uncle, great-aunt or adult sibling is deceased but at the time of death that person had legal and physical custody of the child to be adopted and the child had resided primarily with the spouse of the grandparent, great-grandparent, uncle, aunt, great-uncle, great-aunt or adult sibling during the twenty-four months before the death of the grandparent, great-grandparent, uncle, aunt, great-uncle, great-aunt or adult sibling.
The applicant is a licensed foster parent who is petitioning to adopt a child currently placed by the department in the foster parent's home and the department recommends the adoption of the child by the foster parent applicant.

O. If the applicant is not a licensed foster parent and has adopted a child within three years preceding the current application and is applying to adopt another child, the department, the agency or an entity contracted by the department or a person designated by the court to conduct an investigation shall only provide an update report on any changes in circumstances that have occurred since the previous certification. If the applicant has adopted a child more than three years before the current application and is applying to adopt another child, the department, the agency or an entity contracted by the department or a person designated by the court to conduct an investigation may provide an updated report on any changes in circumstances that have occurred since the previous certification. The court shall certify the applicant as acceptable to adopt unless there are changes in circumstances that adversely affect the applicant's parenting ability. In making this determination, the court shall consider information from the prior certification.

§ 8-105.01 Adoption; racial preferences; prohibition; exception

A. Notwithstanding any law to the contrary, the division, an agency or the court shall not deny or delay a placement or an adoption certification based on the race, the color or the national origin of the adoptive parent or the child.

B. This section does not apply to the placement or adoption of children pursuant to the Indian child welfare act (25 United States Code section 1901).

§ 8-105.02 Adoption by foster parents; removal of child

The division shall not remove a child from the child's foster parents for the sole reason that the foster parents have applied to adopt the child.

§ 8-105.03 Adoption information from local community organizations

The division shall establish and administer a child placement program that uses community organizations to inform communities about the adoption process and the need for adoptive homes. For purposes of this section, religiously affiliated organizations may qualify as community organizations provided that no state funding may be used for religious purposes.

§ 8-106 Consent to adoption; waiver; consent to the release of information; notification to potential fathers

A. The court shall not grant an adoption of a child unless consent to adopt has been obtained and filed with the court from the following:

The child's birth or adoptive mother, if living.
The child's father if any of the following is true:

(a) The father was married to the child's mother at the time of conception or at any time between conception and the child's birth unless his paternity is excluded or another man's paternity is established pursuant to title 25, chapter 6, article 1.

(b) The father has adopted the child.

A child who is twelve years of age or older and who gives consent in open court.
Any guardian of the person of the child who is appointed by a court and who is given authority by it to consent to the child's adoption.
An agency that has been given consent to place the child for adoption by the parent or parents whose consent would be necessary under paragraph 1 or 2 of this subsection, or that has been given authority in other legal proceedings to place the child for adoption.
The guardian of any adult parent for whom a guardian is currently appointed.
The division if it has been given consent to place the child for adoption by the parent or parents whose consent would otherwise be necessary pursuant to paragraph 1 or 2 of this subsection or if it has been given authority in other legal proceedings to place the child for adoption. The court may waive the requirement for consent if the court determines, after a hearing on actual notice to all persons who may be adversely affected, that waiving the requirement is clearly in the child's best interest.

B. It is not necessary for a person to obtain consent to adopt from the following:

An adult parent for whom a guardian is currently appointed.
A parent whose parental rights have been terminated by court order.
A parent who has previously consented to an agency's or the division's placement of the child for adoption.
A person whose consent is not required under subsection A of this section.

C. The minority of the child or parent does not affect the child's or parent's competency to give consent in the instances set forth in this section.

D. A consent to adopt is irrevocable unless obtained by fraud, duress or undue influence.

E. An agency, the division or an attorney participating or assisting in a direct placement adoption pursuant to section 8-130 shall obtain from a birth parent, at the time consent for adoption is obtained, a notarized statement that acknowledges that when the child being adopted reaches eighteen years of age, the child may obtain a copy of the child's original birth certificate as provided in section 36-340. The birth parent shall also submit the contact preference form prescribed in section 36-340 to the agency, division or attorney for filing with the court.

F. A notarized affidavit signed by the mother listing all potential fathers shall be filed with the court. The affidavit shall attest that all of the information contained in the affidavit is complete and accurate.

G. Notice shall be served on each potential father as provided for the service of process in civil actions. The notice shall be substantially in the form prescribed in subsection I of this section and shall inform the potential father of all of the following:

That adoption is planned.
The potential father's right to consent or withhold consent to the adoption.
The potential father's responsibility to initiate paternity proceedings under title 25, chapter 6, article 1, and to serve the mother within thirty days of completion of service.
The potential father's responsibility to proceed to judgment in the paternity action.
The potential father's right to seek custody.
The potential father's responsibility to begin to provide financial support for the child if paternity is established.
That the potential father's failure to file a paternity action pursuant to title 25, chapter 6, article 1, and to serve the mother and proceed to judgment in the paternity action as prescribed by this section, bars the potential father from bringing or maintaining any action to assert any interest in the child.

H. Service on a mother of a title 25, chapter 6, article 1 paternity action pursuant to this section may be accepted by an attorney or agency that is licensed in this state and that is representing the mother. A mother may omit her address from the affidavit and notice to potential fathers if the address of her attorney or the agency is provided in the affidavit. Service on an attorney or agency pursuant to this subsection is limited to service of the initial verified petition and summons in the paternity action. Service on the attorney does not make the attorney the attorney of record for the mother in the paternity action and does not make the agency the agent for the mother in the paternity action.

I. The notice required pursuant to subsection G of this section shall be in substantially the following form:

Notice:

Notice is given to _______________ that you have been identified by ______________________, the natural mother, as a potential father of a child to be born or, born on _____________, in _________.

You are informed of the following:

________________, the natural mother, plans to place the child for adoption.
Under sections 8-106 and 8-107, Arizona Revised Statutes, you have the right to consent or withhold consent to the adoption.
Your written consent to the adoption is irrevocable once you give it.
If you withhold consent to the adoption, you must initiate paternity proceedings under title 25, chapter 6, article 1, Arizona Revised Statutes, and serve the mother within thirty days after completion of service of this notice.
You have the obligation to proceed to judgment in the paternity action.
You have the right to seek custody.
If you are established as the child's father, you must begin to provide financial support for the child.
If you do not file a paternity action under title 25, chapter 6, article 1, Arizona Revised Statutes, and do not serve the mother within thirty days after completion of the service of this notice and pursue the action to judgment, you cannot bring or maintain any action to assert any interest in the child.
The Indian child welfare act may supersede the Arizona Revised Statutes regarding adoption and paternity.
For the purposes of service of a paternity action under title 25, chapter 6, article 1, Arizona Revised Statutes, service may be made on the mother at _____________ or her agency or attorney at ___________.
You may wish to consult with an attorney to assist you in responding to this notice.

J. A potential father who fails to file a paternity action and who does not serve the mother within thirty days after completion of service on the potential father as prescribed in subsection G of this section waives his right to be notified of any judicial hearing regarding the child's adoption or the termination of parental rights and his consent to the adoption or termination is not required.

§ 8-106.01 Putative fathers registry; claim of paternity; adoptive interest

A. A person who is seeking paternity, who wants to receive notice of adoption proceedings and who is the father or claims to be the father of a child shall file notice of a claim of paternity and of his willingness and intent to support the child to the best of his ability with the state registrar of vital statistics in the department of health services. The department of health services shall provide forms for the purpose of filing the notice of a claim of paternity. Forms shall be made available in the department of health services, the office of the clerk of the board of supervisors in each county, every hospital, every licensed child placement agency, the department of economic security, the department of child safety, sheriff's offices, jails, prisons, state department of corrections facilities and department of juvenile corrections facilities.

B. The notice of a claim of paternity may be filed before the birth of the child but shall be filed within thirty days after the birth of the child. The notice of a claim of paternity shall be signed by the putative father and shall include his name and address, the name and last known address of the birth mother and either the birth date of the child or the probable month and year of the expected birth of the child. The putative father who files a notice of a claim of paternity under this section shall notify the registrar of vital statistics of any change of his address. The department of health services shall maintain a confidential registry for this purpose. The department shall only respond to written inquiries of the confidential registry that are received from the court, the division, a licensed adoption agency or a licensed attorney participating or assisting in a direct placement adoption. The department shall provide a certificate signed by the state registrar of vital statistics stating that a diligent search has been made of the registry of notices of claims of paternity from putative fathers listing all filings found or stating that no filing has been found pertaining to the father of the child in question.

C. If the court determines the claimant is not the child's father it shall notify the department of health services and shall order the department to remove that person's name from the putative fathers registry.

D. If the mother denies that the putative father filing the notice of a claim of paternity is the father, the department of health services shall notify the putative father of his responsibility to establish paternity.

E. A putative father who does not file a notice of a claim of paternity as required under this section waives his right to be notified of any judicial hearing regarding the child's adoption and his consent to the adoption is not required, unless he proves, by clear and convincing evidence, both of the following:

It was not possible for him to file a notice of a claim of paternity within the period of time specified in subsection B of this section.
He filed a notice of a claim of paternity within thirty days after it became possible for him to file.

F. Lack of knowledge of the pregnancy is not an acceptable reason for failure to file. The fact that the putative father had sexual intercourse with the mother is deemed to be notice to the putative father of the pregnancy.

G. When a certificate provided pursuant to subsection B of this section is received by the court, the division, a licensed adoption agency or a licensed attorney participating or assisting in a direct placement adoption from the department that lists filings of a putative father or fathers, the putative father or fathers who filed timely notices of claims of paternity and who have not previously been served shall be served with the notice prescribed in section 8-106, subsection G. A putative father who fails to file a paternity action pursuant to title 25, chapter 6, article 1 within thirty days of completion of service of the notice prescribed in section 8-106 is barred from bringing or maintaining any action to assert any interest in the child.

H. If in any adoption proceeding there is not a showing that a putative father has consented to the adoption or has waived his rights regarding the proposed adoption, the petitioner shall file with the court, before the court enters a final decree of adoption, a certificate from the department of health services signed by the state registrar of vital statistics stating that a diligent search has been made of the registry of notices of claims of paternity from putative fathers and that no filing has been found pertaining to the father of the child in question.

§ 8-107 Time and contents of consent

A. All consents to adoption shall be in writing and signed by the person giving the consent and witnessed by two or more credible witnesses who are at least eighteen years of age and who subscribe their names in the presence of the person giving the consent or shall be acknowledged by the person giving consent before a notary public.

B. A consent given before seventy-two hours after the birth of the child is invalid.

C. The consent shall be dated, shall sufficiently identify and give the addresses of the party giving the consent and the name and address of the witness or witnesses and shall sufficiently identify the child to whose adoption the consent is given.

D. The consent shall designate either of the following:

An agency or the division as authorized by the party giving the consent to place the child for adoption.
The particular person or persons authorized to adopt the child by the person giving the consent.

E. The true names of the adopting person or persons shall be used, except that fictitious names may be used if the consent also truthfully states that the adopting person or persons are currently certified as acceptable to adopt the child, that the consenting party knows that the names used are fictitious and does not wish to know the true names and that the consenting party has been furnished with all information which the consenting party wishes to know about the adopting person or persons.

F. The consent shall contain a statement which includes the following:

The consequences of the consent pursuant to section 8-117.
The irrevocability of the consent pursuant to section 8-106.
The prohibition of any direct or indirect compensation for the consent except as provided in section 8-114.

G. A consent other than to any agency or the division which does not designate a particular person or persons, or which purports to permit a third person to locate or nominate an adoptive parent, is invalid.

§ 8-108 Petition for child's custody by noncertified party; hearing; exceptions

A. A person who is not currently certified as acceptable to adopt but who has custody of a child who the person intends to adopt shall petition the court for an order permitting that person to keep custody of the child pending certification. The person shall file the petition not later than five days after the person obtains custody of the child. The court shall hold a hearing within ten days after the person files the petition. The child shall attend the hearing, except for good cause shown. At the hearing the burden of proof is on the petitioner to show that permitting custody is in the child's best interests. The court may permit the petitioner to have custody or it may order that custody be given to some other person or agency as it deems to be in the child's best interests. If the court permits the person to continue to have custody of the child, the court shall order the investigation for preadoption certification and report as required by section 8-105 to continue. If an application for certification has not been filed before the hearing, the court shall order that an application for certification be filed within thirty days after the hearing date.

B. If a petition is not filed by the person intending to adopt a child, the division, an agency or any other interested person may petition the court for such a hearing. On the filing of a petition the court shall set the matter for hearing and issue its order to the person having custody of the child to appear before it to show cause why custody should not be denied. The hearing shall then be held and the court's order made as provided in subsection A of this section.

C. A custody petition or hearing is not required in any of the following cases:

If the person who intends to adopt the child is the spouse of a birth parent of the child.
If the person who intends to adopt the child or one of these persons is an uncle, aunt, adult sibling, grandparent, or great-grandparent of the child of the whole or half-blood or by marriage.
If the person who intends to adopt the child is currently certified as acceptable to adopt the child.
If custody of the child has been given or is to be given to an agency or to the division or to a licensed or certified foster home.
If the person who intends to adopt the child is currently the court appointed guardian of the child.

§ 8-109 Petition to adopt; contents

A. The potential adoptive parent or parents, an agency or the division may file a petition to adopt. The petition shall specify:

The full name, age and place of residence of the prospective adoptive parent and, if married, the date and place of marriage and the relationship if any to the child.
That a certificate of acceptability to adopt has been issued in favor of the prospective adoptive parent and the date of its issuance or the reason preadoption certification is not required.
The date when the prospective adoptive parent acquired custody of the child and from what person or agency, or, if not in custody, the present custodial circumstances.
The date and place of birth of the child.
The name of the child or the fictitious name to be used in the proceedings and, if a change of name is desired, the name.
That it is the desire of the prospective adoptive parent to adopt the child.
A full description and statement of the value of all property owned or possessed by the child.
If the child being adopted is a ward of the court, that written consent to adopt has been given by the division or the agency that has been given custody of the ward or any reason that consent need not be given. Pursuant to section 8-106, subsection A, paragraph 7, the court may waive this requirement as it relates to the division.
Full disclosure of any fees or anything of value given or paid to any person or organization in connection with the adoption of the child.

B. Any written consent required by this article may be attached to the petition or may be filed after the filing of the petition at or before the hearing.

§ 8-110 Fictitious name for child

A. The court may order, upon request of any interested party, that the child to be adopted shall be referred to by a fictitious name in all proceedings before the court, if such would be in the best interest of the child.

B. If the court, by order, authorizes the use of a fictitious name, the real name of the child shall be kept in a sealed envelope in the court file and shall not be opened except on order of the court after good cause has been shown.

§ 8-111 Notice of hearing on petition to adopt; service

After a petition to adopt has been filed, the clerk of the superior court shall set a time and place for a hearing by the court. Notice shall be as provided for the service of process in civil actions to:

The petitioner.
The agency, if any.
The person or agency conducting the social study required by section 8-112.
Any person or agency required to give consent by section 8-106 unless consent with a waiver of notice of hearing has been filed before the hearing.
Any person who has initiated a paternity action pursuant to title 25, chapter 6, article 1.

§ 8-112 Social studies; requirements

A. The division, an agency or an officer of the court shall conduct and submit a social study to the court ten days before the hearing on the petition to adopt. Notwithstanding any other provisions of this section, the court may order an additional social study or waive the social study if it determines that this is in the child's best interests because of special circumstances.

B. Except as provided in subsection D or E of this section, the social study shall include the following:

The social history, heritage and mental and physical condition of the child and the child's birth parents.
The child's current placement in the prospective adoptive parent's home and the child's adjustment to that home.
The prospective adoptive parent's suitability to adopt.
The existing and proposed arrangements regarding the child's custody.
Any financial arrangement concerning the proposed adoption made by the birth parents, the division, an agency, an attorney or the prospective adoptive parents.
A state and federal criminal records check of the prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent except a birth or legal parent with custody of the child. A valid fingerprint clearance card that is issued pursuant to section 41-1758.07 satisfies this requirement. The court may order an additional state and federal criminal records check for good cause.
A central registry records check, including any history of child welfare referrals, with the division of the prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent.
Any other information that is pertinent to the adoption proceedings.

C. The social study conducted pursuant to subsection A of this section is part of the case file and shall contain a definite recommendation for or against the proposed adoption and the reasons for that recommendation.

D. The social study conducted pursuant to subsection A of this section shall consist only of the results of the state and federal criminal records check and the central registry records check conducted pursuant to subsection B of this section if either of the following is true:

The prospective adoptive parent is the child's stepparent who has been legally married to the child's birth or legal parent for at least one year and the child has resided with the stepparent and parent for at least six months.
The prospective adoptive parent is the child's adult sibling, by the whole or half blood, or the child's aunt, uncle, grandparent or great-grandparent and the child has resided with the prospective adoptive parent for at least six months.

E. If the child being considered for adoption has resided with the prospective adoptive parent for at least six months and the prospective adoptive parent either has adopted a child or was appointed the permanent guardian of the child within three years preceding the current application, or is a foster parent who is licensed by this state, the social study conducted pursuant to subsection A of this section may consist only of the following:

The results of the central registry records check conducted pursuant to subsection B of this section.
A review of any material changes in circumstances that have occurred since the previous adoption, permanent guardianship or license renewal that affect the prospective adoptive parent's ability to adopt the child or for the child to be placed in the prospective adoptive parent's home.

F. The department shall complete any required social study within six months after receiving a completed application to adopt a child if all of the following apply to the child:

The child is free for adoption and is at least sixteen years of age.
The department has placed the child with a prospective adoptive parent.
The child consents to the adoption.

§ 8-113 Removal from home; expedited hearings; probationary period; rights and responsibilities; visitation limitations

A. A child who has been placed in a certified adoptive home by any agency or the division shall not be removed from the home except on order of the juvenile court. The agency or the division may request a hearing for removal before the juvenile court, and in those cases, a hearing shall be held not less than ten days after notice has been given to the certified prospective adoptive parent or parents.

B. This section does not prohibit prospective adoptive parents from voluntarily returning any child to the placing agency or the division or does not prevent the removal of a child pursuant to section 8-456 or 8-821.

C. Pending the final adoption hearing, the child is subject to further investigation by the division, an officer of the court or an agency that is required to do the social study pursuant to section 8-105.

D. The court shall hold the hearing on the petition:

Within sixty days if the child has resided in the home of the prospective adoptive parent or parents for at least one year immediately preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year.
Within ninety days if the child is under three years of age or has resided in the home of the prospective adoptive parent or parents for at least six months preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year.
In all other cases, within six months after the filing of the petition for adoption.

E. If subsection D, paragraph 1 or 2 of this section applies, the petitioner shall file a notification of that fact with the petition to adopt.

F. The court shall postpone a hearing scheduled to be held pursuant to subsection D of this section if the court has not received the results of the criminal records check at least forty-eight hours before the final hearing. The court shall reschedule the hearing within twenty-one days after receiving the results.

G. The court or the petitioner may postpone the final hearing up to sixty days in order to give notice to any interested party or for other good cause.

H. The court shall hold an expedited hearing on a motion that is supported by a sworn affidavit that the expedited hearing is in the child's best interests and that any of the following is true:

The child is suffering from a chronically debilitating, progressive or fatal disease as diagnosed by a licensed physician.
A prospective adoptive parent, birth parent or legal parent is terminally ill, as diagnosed by a licensed physician.
The child is free for adoption, is at least sixteen years of age, consents to the adoption and has lived with the prospective adoptive parent for at least six months.
The court finds other compelling reasons relating to the special needs and welfare of the child to expedite the hearing.

I. During the probationary period or any extension, prospective adoptive parents who have complied with this chapter have the following rights and responsibilities with respect to the child:

The right to physical custody of the child unless the child is removed by order of the juvenile court after notice and a hearing.
The right to consent to necessary medical procedures for the child.
The right to consent to participation in social and athletic activities for the child.
The responsibility to provide proper care and support for the child in addition to that already provided by the placing agency or division.
The right to refuse visitation between the child and a birth parent if that parent's rights have been terminated pending appeal unless the juvenile court orders visitation.
On request, the right to be notified by the agency or the division of and to participate in all meetings in which the division is making decisions relating to the child in the prospective adoptive home.
On request, the right to notification from the agency or the division of an appeal of the termination of the birth parent's parental rights.

§ 8-114 Monies paid to or for parent; court approval; attorney fees; accounting; disallowance; exception

A. The court may approve any monies paid to a parent of a child placed for adoption or another person for the benefit of the parent or adopted child for reasonable and necessary expenses incurred in connection with the adoption. These expenses may include costs for medical and hospital care and examinations for the mother and child, counseling fees, legal fees, agency fees, living expenses and any other costs the court finds reasonable and necessary.

B. A person who wishes to pay the living expenses of a birth parent that exceed one thousand dollars shall file a motion with the court to permit that payment. On the filing of a petition the court shall hold a hearing within ten days, unless the hearing is waived for good cause shown. The court shall approve living expenses that the person has paid, unless found unreasonable. The person who wishes to pay the one thousand dollars in living expenses of a birth mother shall file an affidavit with the court signed by the birth mother verifying that the birth mother has been given written notice and that she understands that the payment of these expenses by any person does not obligate the birth mother to place the child for adoption and that a valid consent to the adoption can only be given after the child's birth without regard to any cost or expense paid by any person in connection with the adoption. A maximum of one thousand dollars may be advanced for birth parent living expenses without a motion. In determining what living expenses are reasonable and necessary, the court shall consider but not be limited to the following factors:

The current standard of living of the birth parent.
The standard of living necessary to preserve the health and welfare of the birth parent and the unborn child.
The existence of alternative financial resources for the birth parent.

C. Except as provided in subsection A, a person shall not be directly or indirectly compensated for giving or obtaining consent to place a child for adoption.

D. An attorney may be paid for the attorney's services in connection with adoption, paternity and severance proceedings only the amount the court approves as being reasonable and necessary.

E. Not fewer than ten days before a petition to adopt a child is heard, the prospective adoptive parent shall file with the court a verified accounting in the form specified by court rules of all fees, payments, disbursements or commitments of anything of value made or agreed to be made by the prospective adoptive parent or for the benefit of the prospective adoptive parent in connection with the adoption. The accounting shall include all living expenses, including living expenses advanced pursuant to subsection B for which a motion is not required, and shall be accompanied by an affidavit that is signed by the birth mother, either before or after the birth of the child, that verifies that she has been given written notice and that she understands that the payment of these expenses does not obligate her to place her child for adoption and that she may give a valid consent to the adoption only after the child's birth without regard to any cost or expense paid by any person in connection with the adoption. This subsection does apply to an agency placement adoption or to a direct placement adoption made through an agency.

F. The court shall allow, disallow or allow in part fees, payments, disbursements and commitments as shown in the accounting.

G. If the court finds an accounting to be incomplete or deceptive or to contain amounts which are unauthorized or unreasonable, the court may order a new accounting or the repayment of amounts found to be excessive or unauthorized or make any other orders it deems appropriate.

H. All adoption cases shall be reviewed by the juvenile court for reasonableness and necessity of expenses.

I. This section does not apply to an adoption by a stepparent whose spouse is a natural or adoptive parent of the child.

§ 8-115 Hearing; procedure; record; evidence

A. The court shall hold a hearing on a petition filed pursuant to this article in as informal a manner as the requirements of due process and fairness permit. The prospective adoptive parent, the spouse of a prospective adoptive parent and the child to be adopted shall attend unless the court orders otherwise. The court shall allow persons who have a direct interest in the case, including invited guests of the adoptive family, to attend the hearing. The attendees shall not disclose the content of testimony provided at the hearing. Nothing in this subsection restricts the ability for the juvenile court or clerk of the court to communicate relevant case information with the family court or clerk of the court. The court may require the presence of other witnesses as it deems necessary.

B. The court shall make its findings based on a preponderance of the evidence. The court may consider any and all reports required by this article or ordered by the court pursuant to this article.

§ 8-116 Court order; contents; form

A. If, after the hearing and consideration of all the evidence, the court is satisfied that the requirements of this article have been met and that the adoption is in the best interests of the child, the court shall order the adoption. The order may change the name of the child to the name requested by the adoptive parent or parents in the petition to adopt. If the child being adopted is twelve years of age or older, the court shall consider the wishes of the child with respect to the name change. The written order of the court shall include the findings of fact on which it based its order, including the court's jurisdiction and the date and place of birth of the child being adopted based on the best available evidence.

B. If the exact place of birth is unknown, the order shall include the information that is known and designate a place of birth according to the best information known as to the country of origin.

C. If the exact date of birth is unknown, the order shall establish a date of birth based on the medical evidence as to the probable age of the child and other evidence the court considers appropriate.

D. The order is conclusive and binding on all persons from the date of its entry subject to appeal as provided in section 8-235.

E. The court shall provide the adoptive parent or parents with written notice of the sibling information exchange program established pursuant to section 8-543.

§ 8-116.01 Agreements regarding communications

A. The parties to a proceeding under this chapter may enter into an agreement regarding communication with a child adoptee, the adoptive parents and a birth parent.

B. An agreement is not enforceable unless the agreement is in writing and is approved by the court. The court shall not approve an agreement unless the agreement is approved by the prospective adoptive parents, any birth parent with whom the agreement is being made and, if the child is in the custody of the division or an agency, a representative of the division or agency.

C. An agreement entered into pursuant to this section shall state that the adoptive parent may terminate contact between the birth parent and the adoptive child at any time if the adoptive parent believes that this contact is not in the child's best interests.

D. The court shall not approve the agreement unless the court finds that the communication between the child adoptee, the adoptive parents and a birth parent is in the child's best interests. The court may consider the wishes of a child who is at least twelve years of age.

E. An agreement entered into pursuant to this section is enforceable even if it does not disclose the identity of the parties to the agreement.

F. Failure to comply with an agreement that has been approved pursuant to this section is not grounds for setting aside an adoption decree or for revocation of a written consent to an adoption decree or relinquishment of parental rights.

G. The court retains jurisdiction after the decree of adoption is entered to hear motions brought to enforce or modify an order entered pursuant to this section. Before filing a motion, the party seeking to enforce or modify an order shall make a good faith attempt to mediate the dispute. The court shall not enforce or modify an order unless the party filing the motion has made a good faith attempt to mediate the dispute.

H. The court may order a modification of an agreement approved pursuant to this section if it finds that the modification is necessary to serve the best interests of the child adoptee and one of the following is true:

The modification is agreed to by the adoptive parents.
Exceptional circumstances have arisen since the agreement was approved that justify modification of the agreement.

I. The court may consider the wishes of a child who is at least twelve years of age in determining whether to order a modification pursuant to subsection H.

J. Every agreement entered into pursuant to this section shall contain a clause stating that the parties agree to the continuing jurisdiction of the court to enforce and modify the agreement and that they understand that failure to comply with an agreement approved pursuant to this section is not grounds for setting aside an adoption decree or for revocation of a written consent to an adoption decree or relinquishment of parental rights.

§ 8-117 Rights under adoption order

A. On entry of the decree of adoption, the relationship of parent and child and all the legal rights, privileges, duties, obligations and other legal consequences of the natural relationship of child and parent thereafter exist between the adopted child and the adoptive parent as though the child were born to the adoptive parent in lawful wedlock. The adopted child is entitled to inherit real and personal property from and through the adoptive parent and the adoptive parent is entitled to inherit real and personal property from and through the adopted child the same as though the child were born to the adoptive parent in lawful wedlock.

B. On entry of the decree of adoption, the relationship of parent and child between the adopted child and the persons who were the child's parents before entry of the decree of adoption is completely severed and all the legal rights, privileges, duties, obligations and other legal consequences of the relationship cease to exist, including the right of inheritance. This subsection does not apply to communication rights established pursuant to section 8-116.01.

C. If the adoption is by the spouse of the child's parent, the relationship of the child to that parent remains unchanged by the decree of adoption.

§ 8-118 Petition withdrawal or denial; custody

In any case in which the petition is withdrawn or denied the court shall order the removal of the child from the proposed adoptive home if the court finds that such removal is in the child's best interest. If such removal is ordered, the court shall vest temporary legal custody in an agency with power to remove the child and to plan for the child's welfare. The court shall fix responsibility for temporary child support. The court may make such other orders as it deems necessary to protect and further the best interests of the child.

§ 8-119 Dismissal after death; exception

In the event of the death of the petitioner, the petition for adoption shall be dismissed, except where there are two petitioners and one of the petitioners dies the proceeding shall continue unless withdrawn by the surviving petitioner.

§ 8-120 Records; inspection; exception; destruction or transfer of certain records

A. Except as provided in section 8-129, all files, records, reports and other papers compiled under this article, whether filed in or in possession of the court, an agency or any person or association, shall be withheld from public inspection.

B. Such files, records, reports and other papers may be open to inspection by persons and agencies having a legitimate interest in the case and their attorneys and by other persons and agencies having a legitimate interest in the protection, welfare or treatment of the child if so ordered by the court.

C. This section does not prohibit persons employed by the court, the division or an agency from conducting the investigations or performing other duties pursuant to this article within the normal course of their employment.

D. This section does not prohibit persons employed by the court, the division, an attorney participating or assisting in a direct placement adoption pursuant to section 8-130 or an agency from providing partial or complete identifying information between a birth parent and adoptive parent when the parties mutually agree to share specific identifying information and make a written request to the court, the division or the agency.

E. Except for files that belong to an attorney, all files, records, reports and other papers not filed in or in the possession of the court shall not be destroyed until after a ninety-nine year period. The files that belong to an attorney shall not be destroyed until after a seven-year period.

F. If an adoption agency ceases operations, the adoption agency shall do all of the following:

Transfer the documents described in subsection A of this section to the division or to another adoption agency in this state if the documents concern a matter that is closed.
Transfer the documents described in subsection A of this section to another adoption agency in this state if the documents concern a matter that is open.
Notify the division of the transfer of any documents to another adoption agency in this state pursuant to this subsection.
Notify all adoptive parents whose files it is transferring pursuant to this subsection of the transfer.

§ 8-121 Confidentiality of information; exceptions

A. It is unlawful, except for purposes for which files and records or social records or parts thereof or information therefrom have been released pursuant to subsection C of this section or section 8-120, 8-129, 8-134 or 36-340, or except for purposes allowed by order of the court, for any person to disclose, receive or make use of, or authorize, knowingly allow, participate in or acquiesce in the use of, any information involved in any proceeding under this article directly or indirectly derived from the files, records, reports or other papers compiled pursuant to this article, or acquired in the course of the performance of official duties until one hundred years after the date of the order issued pursuant to section 8-116. After one hundred years has elapsed from the date of the order issued pursuant to section 8-116 the court shall transfer all files, records, reports and other documents in possession of the court relating to the adoption to the Arizona state library, archives and public records. The items transferred pursuant to this subsection shall be available for public inspection during business hours and may be made available in an alternative format.

B. This section does not prohibit persons employed by the court, the division or an agency from conducting the investigations or performing other duties pursuant to this article within the normal course of their employment.

C. This section does not prohibit persons employed by the court, the division, an attorney participating or assisting in a direct placement adoption pursuant to section 8-130 or an agency from providing partial or complete identifying information between a birth parent and adoptive parent when the parties mutually agree to share specific identifying information and make a written request to the court, the division or the agency.

D. A person may petition the court to obtain information relating to an adoption in the possession of the court, the division or any agency or attorney involved in the adoption. Nonidentifying information may be released by the court pursuant to section 8-129. The court shall not release identifying information unless the person requesting the information has established a compelling need for disclosure of the information or consent has been obtained pursuant to subsection E of this section or from the birth parent pursuant to section 8-106. If a compelling need for disclosure of information is established, the court may decide what information, if any, should be disclosed and to whom and under what conditions disclosure may be made.

E. An adoptee who is eighteen years of age or older or a birth parent may file at any time with the court and the agency, division or attorney who participated in the adoption a notarized statement granting consent, withholding consent or withdrawing a consent previously given for the release of confidential information. If an adoptee who is eighteen years of age or older and the birth mother or birth father have filed a notarized statement granting consent to the release of confidential information, the court may disclose information, except identifying information relating to a birth parent who did not grant written consent, to the adoptee or birth parent.

F. This section does not prohibit a person from notifying a birth parent of the death of a child that the birth parent has placed for adoption.

§ 8-122 Financial hardship; deferral, waiver or reduction of fees

The court, an agency or the division may voluntarily defer, waive or reduce any fee if payment of the fee would cause a hardship to the adoptive parent or would be detrimental to the welfare of the adoptive child.

§ 8-123 Irregularities; curative period

After one year from the date the adoption decree is entered, any irregularity in the proceeding shall be deemed cured and the validity of the decree shall not thereafter be subject to attack on any such ground in any collateral or direct proceeding.

§ 8-124 Subsequent adoptions

The adoption of an adopted person is authorized, and in that case the references to the parents are to adoptive parents.

§ 8-125 Adoption decrees of other states

Where an adoption has been judicially decreed by a court in another state, such decree shall have the same force and effect as to matters within the jurisdiction of this state as though it had been granted by a court of this state.

§ 8-126 Licensure and regulation of agencies

The division shall:

License agencies on an annual basis subject to renewal. Before issuing a license, the division shall investigate the activities of the agency, its financial stability, the character and training of its personnel and the adequacy of the agency's intended services to ensure the welfare of parents and children using the services of the agency. If the agency meets the standards established by the division, a license shall be issued.
Provide for oversight of agencies.
Assist the staffs of all agencies by giving advice on methods and procedures.
Establish rules for:

(a) Licensing agencies, including professional licensing, and suspending, revoking and denying licenses.

(b) Annual renewal of agency licenses.

(d) Reasonable fees chargeable by the division to agencies for licensure and renewal of licenses.

(e) Reasonable and authorized fees chargeable to any person for services in connection with an adoption and payments, disbursements or commitments of anything of value made or agreed to be made to or for the benefit of a birth parent by any person in connection with an adoption.

(f) Conducting reviews and making reports pursuant to section 8-114, subsection E.

§ 8-127 Services of county attorney; exception

A. The county attorney of the county in which the prospective adoptive parent resides or, if applicable, the county where the child is a ward of the court, on application of the person or persons seeking adoption, shall prepare the adoption petition and act as attorney without expense to the prospective adoptive parent. The county attorney may also prepare a petition to terminate the parent-child relationship pursuant to chapter 4, article 5 of this title and act as attorney without expense to the prospective adoptive parent. If an adoption is made through an adoption agency licensed pursuant to this title, the agency shall prepare the petition for adoption and shall submit it to the county attorney. If either petition is contested the county attorney, with the consent of the court, may withdraw from further representation of any party to the proceeding and the prospective adoptive parent shall employ counsel.

B. Notwithstanding subsection A of this section, the county attorney:

Shall not prepare a petition or act as the attorney for a prospective adoptive parent seeking adoption pursuant to title 14, chapter 8.
Is not required to act as an attorney for the prospective adoptive parent concerning the enforcement or modification of an agreement entered into pursuant to section 8-116.01.

§ 8-128 Violation; classification

A person who knowingly violates any provision of this article is guilty of a class 6 felony.

§ 8-129 Health and genetic history; compilation; availability; costs

A. Before placing a child for adoption, the division or the agency or the person placing the child, if the child is not placed by the division, shall compile and provide to the prospective adoptive parents detailed written nonidentifying information, including a health and genetic history and all nonidentifying information about the birth parents or members of a birth parent's family set forth in a document that is separate from any document containing identifying information. This subsection does not apply if the birth parents are deceased, their whereabouts are unknown or the information is not otherwise reasonably available.

B. Records containing the information prescribed in subsection A of this section:

Shall be retained by the division, agency or person placing the child for ninety-nine years, and if an agency or person ceases to function, the agency or person shall transfer these records to the division, except that an agency ceasing operations may transfer these records to another agency within this state, provided the agency transferring the records gives notice of the transfer to the division.
May be supplemented with information supplied by any member of the birth family, any member of the adoptive family, an adult adoptee or the family of an adult adoptee. Supplemental information supplied to the division or the agency or the person who placed the child shall be filed with all other information concerning the adoption. The division, agency or person placing the child shall notify the adoptee, if the adoptee is at least eighteen years of age, or the adoptive parents, if the adoptee is under eighteen years of age, of the receipt of any supplemental information from a member of the birth family.
Shall be available on request throughout the ninety-nine year period, together with any other information described in subsection A of this section which is added, to the following persons only:

(a) The adoptive parents of the child or, if the adoptive parents have died, the child's guardian.

(b) The adoptee if the adoptee is eighteen years of age or more, including a qualified young adult who was previously adopted and who is participating in a program described in section 8-521, 8-521.01 or 8-521.02.

(c) If the adoptee has died, the adoptee's spouse if the spouse is the legal parent of the adoptee's child or the guardian of any child of the adoptee.

(d) If the adoptee has died, any progeny of the adoptee who is eighteen years of age or more.

(e) The birth parent of the adoptee or other biological children of the birth parent.

C. The actual and reasonable cost of providing information pursuant to this section shall be paid by the person requesting the information.

§ 8-130 Consent to licensed agency or division; attorneys; affidavits

A. A consent to adoption of a child shall not be granted to an agency unless the agency is licensed to place children for adoption under this article. A consent may be granted to the division, which is exempt from licensure. An agency or the division may conduct both agency placement adoptions and direct placement adoptions. An agency placement adoption shall only be made by an agency or the division.

B. Except as provided in subsection C, a person shall not do any of the following unless the person is employed or engaged by and acting on behalf of a licensed adoption agency:

Solicit or accept employment or engagement, for compensation, by or on behalf of a parent or guardian for assistance in the placement of a child for adoption.
Solicit or accept employment or engagement, for compensation, by or on behalf of any person to locate or obtain a child for adoption.

C. An attorney licensed to practice law in this state may assist and participate in direct placement adoptions and may receive compensation to the extent the court finds reasonable under section 8-114 if the person granting consent to the adoption has made a choice of the specific adopting parent without prior involvement of the attorney or if the choice is made only from among persons currently certified by the court as acceptable to adopt children pursuant to section 8-105.

D. Before a petition to adopt is granted and as a condition of the entry of an order of adoption:

An attorney participating or assisting in a direct placement adoption shall file with the court an affidavit confirming that there has been, to the best of his knowledge and belief, compliance with subsection B of this section and with section 8-114, subsection B, section 8-129 and, if fictitious names have been used, section 8-107, subsection E.
An attorney representing petitioners in an agency placement adoption and the agency shall file with the court an affidavit confirming that there has been, to the best of the petitioner's, agency's and attorney's knowledge and belief, compliance with subsections A and B of this section and sections 8-114 and 8-129.

§ 8-131 Exemption of division from licensure; compliance with standards

The division is not required to be licensed but the division shall comply with the provisions of this article and with the standards required by the division for licensed adoption agencies.

§ 8-132 Adoption agency information confidentiality; permissible disclosure; use; violation; classification; definitions

A. Unless otherwise provided by law and except as provided in subsection C or D of this section, all personal information concerning an individual who applies for or who receives an adoption agency license is confidential and may not be released, unless the release is ordered by the superior court or provided for by court rule. DCS information is confidential and may be released only as prescribed in section 8-807.

B. Adoption agency information is not confidential, except for both of the following:

Any DCS information in the licensing files.
The address of any facility where a foster child is placed, even if the address is also the corporate address of the adoption agency.

C. An employee of the department of child safety, the department of law or a court may obtain the information described in subsection A or B of this section in the performance of the employee's duties.

D. An employee of the department of child safety, the department of law or a court may release information that is otherwise confidential under this section under any of the following circumstances:

To an applicant or licensee if a request is made in writing specifically requesting information that directly relates to the person who requests the information.
In oral or written communications involving the provision of services or the referral to services between employees of, persons under contract with or persons holding a general employment relationship with the department of child safety, the department of law or the juvenile court.
If the disclosure is necessary to protect against a clear and substantial risk of imminent serious injury to a client of the department of child safety.
To an agency of the federal government, this state or another state or any political subdivision of this state for official purposes. Information received by a governmental agency pursuant to this paragraph shall be maintained as confidential, unless the information is pertinent to a criminal prosecution.
To a foster parent or a parent certified to adopt, if the information is necessary to assist in the placement with or care of a child by the foster parent or person certified to adopt.
To an officer of the superior court, the department or an agency that is required to perform an investigation pursuant to section 8-105, if the information is pertinent to the investigation. Information received pursuant to this paragraph may be disclosed to the court, but shall otherwise be maintained as confidential.

E. A person who violates this section is guilty of a class 2 misdemeanor.

F. For the purposes of this section:

"Adoption agency information" means all information in the licensing file of the department, including all information on corporate or other entity applicants or licensees and any licensing investigations. Adoption agency information does not include personal information about individuals who apply for licensure to or who are licensed by the department as an adoption agency or other similar personal information contained in the licensing file of the department.
"DCS information" has the same meaning prescribed in section 8-807.
"Personal information" means information about an individual that is disclosed by the individual or by a third party on behalf of the individual to obtain or maintain a license. Personal information includes all of the following:

(a) The individual's identity, social security number, address and personal history.

(b) Financial, health or medical information about the individual.

§ 8-133 Fees for division services

A. The division may charge fees for studying and certifying adoption applicants and for providing placement supervision services to cover the costs of providing these services.

B. If an investigation is conducted by an officer of the court, the court may charge a reasonable fee, prescribed by the presiding judge of the juvenile court, to cover the costs of investigation in preadoption investigations pursuant to section 8-105, investigations conducted pursuant to section 8-872 to determine whether permanent guardianship, as an alternative to adoption, is in the best interests of the child, or investigations conducted in a review of permanent guardianship pursuant to section 8-872. The court may waive, reduce or defer this fee if the fee would cause a hardship.

§ 8-134 Confidential intermediary

A. Any of the following persons may use the services of a confidential intermediary who is listed with the court:

The adoptive parents of an adoptee who is at least eighteen years of age or, if the adoptive parents are deceased, the adoptee's guardian.
An adoptee if the adoptee is at least eighteen years of age.
If an adoptee is deceased, the adoptee's spouse if the spouse is the legal parent or guardian of any child of the adoptee.
If an adoptee is deceased, any progeny of the adoptee who is at least eighteen years of age.
Either of the birth parents of an adoptee.
The biological grandparent of the adoptee or other members of the adoptee's extended biological family.
A biological sibling of the adoptee if the sibling is at least eighteen years of age.

B. An adoption agency licensed by this state, the division or an individual who meets the requirements adopted pursuant to subsections I and J of this section may serve as a confidential intermediary.

C. Notwithstanding sections 8-120 and 8-121, a confidential intermediary may inspect documents compiled pursuant to this article. Documents include the court records, division records, agency records and maternity home records. The confidential intermediary shall keep confidential all information obtained during the course of the investigation. The intermediary shall use confidential information only to arrange a contact or share information between the person who initiates the search and the person who is the subject of the search. A confidential intermediary shall review the court record before making any contact with an adoptee to determine if an affidavit has been filed pursuant to subsection E of this section. Except as provided pursuant to subsection A, paragraphs 1, 2, 4 and 7 and subsection G of this section, a confidential intermediary shall not contact persons under twenty-one years of age.

D. The confidential intermediary shall obtain written consent from the person who initiated the search and the person who is the subject of the search before arranging for the sharing of identifying information or a contact between them. If the confidential intermediary discovers the subject of the search is deceased or that the identity of the birth father was unknown to or not revealed by the birth mother, the confidential intermediary shall share this information with the person initiating the search. If the confidential intermediary, after a diligent effort, is unable to locate the subject of the search to obtain written consent to share information, the confidential intermediary shall share this information with the person initiating the search and prepare and place with the compiled documents a written report describing search efforts. If the person who initiated the search petitions the court to release identifying information, the court shall review the report prepared by the confidential intermediary and shall decide if the information may be released and in what manner the information may be released if the court determines there is good cause.

E. An adoptive parent who has not informed an adoptee that the adoptee was adopted may file an affidavit so stating with the court where the adoption took place. The affidavit may be withdrawn at any time by the adoptive parent. If an affidavit is a part of the court record, the confidential intermediary shall not make contact with the adoptee unless the adoptive parent withdraws the affidavit and grants permission in writing or the adoptee has filed an affidavit stating that the adoptee knows about the adoption and wishes to make contact with the birth parent.

F. A birth parent who has not informed the parent's biological offspring of the existence of the adoptee may file an affidavit so stating with the court where the adoption took place. The affidavit may be withdrawn at any time by the birth parent. If an affidavit is a part of the court record, the confidential intermediary shall not make contact with the biological sibling unless the birth parent withdraws the affidavit and grants permission in writing or the biological sibling has filed an affidavit stating that the biological sibling knows about the adoptee and wishes to make contact with the adoptee.

G. On receipt of a written statement from a physician or a registered nurse practitioner that explains in detail how a health condition may seriously affect the health of the adoptee or a direct descendant of the adoptee, the court shall order the confidential intermediary program to appoint a confidential intermediary. The confidential intermediary shall make a diligent effort to notify an adoptee who has attained eighteen years of age, an adoptive parent or guardian of an adoptee who has not attained eighteen years of age or a direct descendant of a deceased adoptee that the nonidentifying information is available and shall be provided on written request.

H. On receipt of a written statement from a physician or a registered nurse practitioner that explains in detail why a serious health condition of the adoptee or a direct descendant of the adoptee should be communicated to the birth parent or biological sibling to enable the birth parent or biological sibling to make an informed medical decision, the court shall order the confidential intermediary program to appoint a confidential intermediary. The confidential intermediary shall make a diligent effort to notify those individuals that the nonidentifying information is available and shall be provided on written request.

I. The Arizona supreme court shall administer the confidential intermediary program. The court shall adopt rules and procedures necessary to implement the program, including qualifications, required fees, minimum standards for certification, training and standards of conduct of confidential intermediaries, and shall establish the fees that may be charged by a confidential intermediary.

J. A person shall not act as a confidential intermediary unless the person possesses a confidential intermediary certificate issued by the supreme court. In order to be certified as a confidential intermediary a person shall meet and maintain the minimum standards prescribed by this section and the rules adopted by the supreme court.

K. In carrying out the provisions of this section the supreme court shall require applicants for a confidential intermediary certificate to furnish fingerprints and the supreme court shall obtain criminal history record information pursuant to section 41-1750. The applicant for certification shall pay a fee to the department of public safety to reimburse the department of public safety for the cost of obtaining the applicant's criminal history record information required by this section. The fee shall not exceed the actual cost of obtaining the applicant's criminal history record information.

L. The actual and reasonable cost to the agency, division or court of providing information pursuant to the confidential intermediary program shall be paid by the person requesting the services of a confidential intermediary. If the juvenile court of a county is supplying the information, the actual and reasonable costs shall be paid to the clerk of the court of that county who shall transmit the monies to the county treasurer of that county for deposit in the juvenile probation services fund to be utilized by the juvenile court of that county for reimbursing the court for costs associated with providing information pursuant to the confidential intermediary program. If the division is supplying the information, the actual and reasonable costs shall be paid to the division. If an agency is supplying the information, the actual and reasonable costs shall be paid to the agency.

§ 8-135 Confidential intermediary and fiduciary fund

A. The confidential intermediary and fiduciary fund is established consisting of the monies received pursuant to section 12-284.03, subsection A, paragraph 8, section 14-5651, subsection A, section 36-341, subsection B and section 41-178, legislative appropriations, donations, fees, grants and contracts to implement the confidential intermediary program established by section 8-134 and the sibling information exchange program established pursuant to section 8-543 and to perform the duties related to fiduciaries pursuant to section 14-5651. The supreme court shall administer the fund subject to legislative appropriation. On notice from the supreme court, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. The fund is exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. The appropriated funds shall only be used for the designated purposes specified in statute.

§ 8-136 Prospective adoptive parent's blindness; certification; grant of adoption; burden of proof; specific written findings; definitions

A. A court may not refuse to do either of the following:

Certify a prospective adoptive parent as acceptable to adopt children based on the prospective adoptive parent's blindness, if the prospective adoptive parent is otherwise acceptable to adopt children.
Grant an adoption to a potential adoptive parent based on the prospective adoptive parent's blindness, if the adoption is determined to be otherwise in the best interests of the child.

B. If a prospective adoptive parent's blindness is alleged to have a detrimental impact on a child, the party who raises the allegation has the burden of proving by clear and convincing evidence that the prospective adoptive parent's behavior endangers or is likely to endanger the health, safety or welfare of the child.

C. If the court denies or limits the grant of the adoption to the prospective adoptive parent, the court shall make specific written findings that state the basis of the denial or limitation.

D. For the purposes of this section:

"Blindness" means having either of the following:

(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

"Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.

Article 2 Adoption Subsidies

§ 8-141 Definitions; exception

A. In this article, unless the context otherwise requires:

"Adoption subsidy" means a grant that is provided to a child with special needs and that has been applied for through the department.
"Agency" means the department or a child welfare agency that is authorized in its license issued by the department to place or care for children in foster care.
"Application" means the completion of the department application form with documentation of the child's special needs.
"Child" means any person who is under the age of eighteen years, who is legally free for adoption and who otherwise may not be adopted because the person has special needs.
"Developmental disability" has the same meaning as provided in section 36-551.
"Emotional disturbance" means a condition which impedes the child's ordinary developmental progress as defined by accepted psychiatric or psychological standards and as diagnosed by one or more psychiatrists or psychologists approved by the department.
"Emotional ties" includes:

(a) Identification of the child as a member of the foster family.

(b) Identification by the foster family of the child as belonging to that family.

(c) The likelihood that the child will not establish significant emotional ties to another family if he is denied permanent placement with the foster family.

"High risk of physical or mental disease" means a potentially debilitating condition as defined by accepted standards of the health service profession and as certified by one or more health service providers approved by the department.
"High risk of severe emotional disturbance if removed from the care of his foster parents" means the development of significant emotional ties to the foster family as documented by the child's case manager and as diagnosed by a psychiatrist or psychologist approved by the department.
"Mental disability" means a lifelong condition which is characterized by impaired intellectual development and impedes the ability to function independently as defined by accepted national standards and as certified by a psychologist, physician or child development specialist approved by the department.
"Physical disability" means one of the following conditions:

(a) A chronically debilitating, progressive or fatal disease which requires assistance for the child in activities of daily living.

(b) The requirement of assistance of another person or mechanical device for movement from place to place.

"Racial or ethnic factors" means Black, Hispanic, Native American, Asian or other heritage which may prevent a child from being adopted by a family of similar racial or ethnic origin.
"Special needs" means one or more of the following conditions which existed before the finalization of adoption:

(a) Physical, mental or developmental disability.

(b) Emotional disturbance.

(d) High risk of developmental disability.

(e) Age of six or more years at the time of application for an adoption subsidy.

(f) Sibling relationship.

(g) Racial or ethnic factors.

(h) High risk of severe emotional disturbance if removed from the care of his foster parents or permanent guardian.

(i) Any combination of the special needs described in this paragraph.

B. The condition described in subsection A, paragraph 13, subdivision (h), is not a special need unless the foster care or permanent guardian relationship existed before the adoption placement was made.

§ 8-142 Adoption subsidy program; funding; claims; limitation

A. The department shall establish and administer an ongoing program of subsidized adoption. Adoption subsidies shall be provided from monies appropriated to the department or made available to it from other sources.

B. The department shall not pay claims for a special services subsidy that are submitted more than nine months after the date of the service for which payment is claimed except as authorized by rules of the department.

C. The department shall not consider an applicant for a state adoption subsidy until the applicant has applied for all existing federal eligibility categories under the title IV-E program.

D. The total amount that may be expended in any fiscal year by the department for the adoption subsidy program shall not exceed the amount appropriated in the general appropriations act for the program and any monies granted by the federal government, together with additional amounts appropriated for the program by any special legislative appropriation. Transfers of monies between and among classes and programs shall continue to be permitted in accordance with the provisions of section 35-173.

§ 8-142.01 Adoption subsidy program; hospital reimbursement

A. Notwithstanding section 8-144, subsection B, for inpatient hospital admissions and outpatient hospital services on or after March 1, 1993, the department shall reimburse a hospital according to the rates established by the Arizona health care cost containment system pursuant to section 36-2903.01, subsection G.

B. The department shall use the Arizona health care cost containment system rates as identified in subsection A of this section for any child enrolled in the adoption subsidy program. This requirement shall not be construed to expand the liability of the adoption subsidy program beyond eligible preexisting conditions on an adoption subsidy agreement entered into between the department and the adoptive parent.

C. A hospital bill is considered received for purposes of subsection E of this section on initial receipt of the legible, error-free claim form by the department if the claim includes the following error-free documentation in legible form:

An admission face sheet.
An itemized statement.
An admission history and physical.
A discharge summary or an interim summary if the claim is split.
An emergency record, if admission was through the emergency room.
Operative reports, if applicable.
A labor and delivery room report, if applicable.

D. The department shall require that the hospital pursue other third party payors before submitting a claim to the department. Payment received by a hospital from the department pursuant to this section is considered payment by the department of the department's liability for the hospital bill. A hospital may collect any unpaid portion of its bill from other third party payors or in situations covered by title 33, chapter 7, article 3.

E. For inpatient hospital admissions and outpatient hospital services rendered on and after October 1, 1997, if the department receives the claim directly from the hospital for services rendered, the department shall pay a hospital's rate established according to this section subject to the following:

If the hospital's bill is paid within thirty days of the date the bill was received, the department shall pay ninety-nine per cent of the rate.
If the hospital's bill is paid after thirty days but within sixty days of the date the bill was received, the department shall pay one hundred per cent of the rate.
If the hospital's bill is paid any time after sixty days of the date the bill was received, the department shall pay one hundred per cent of the rate plus a fee of one per cent per month for each month or portion of a month following the sixtieth day of receipt of the bill until the date of payment.

F. For medical services other than those for which a rate has been established pursuant to section 36-2903.01, subsection G, the department shall pay according to the Arizona health care cost containment system capped fee-for-service schedule adopted pursuant to section 36-2904, subsection K.

G. For any hospital or medical claims not covered under subsection A or F of this section, the department shall establish and adopt a schedule setting out maximum allowable fees that the department deems reasonable for such services after appropriate study and analysis of usual and customary fees charged by providers.

§ 8-143 Eligibility for subsidies; rate

A. The following persons may apply to the department to have the adoption of a child subsidized:

Foster parents who are interested in adopting a child in their home.
Permanent guardians who are appointed for a child pursuant to chapter 4, article 12 of this title.
Other persons who are interested in adopting a child under public or private agency care, whether the adoption is through a public or private agency.

B. All persons approved for the program as adoptive parents shall meet adoption agency standards except for the financial ability to support the child. A subsidy shall not be denied solely on the grounds that the child is placed for adoption through a private agency.

C. The child who the permanent guardian seeks to adopt shall be eligible for the adoption subsidy at the permanent guardianship subsidy rate established by the department.

§ 8-144 Subsidy agreement; duration; amount; periodic review; confidentiality

A. The family entering into subsidized adoption and the department shall sign a subsidy agreement that contains a provision for periodic review as provided in subsection D of this section before the final decree of adoption is issued, except as provided in subsection B of this section. Adoption subsidies may commence with the adoption placement or after the adoption decree, and will vary with the needs due to the special circumstances of the adopted child as well as the availability of other resources.

B. The adoption subsidy may continue either:

Through the age of twenty-one if the individual is enrolled in and regularly attending school unless the person has received a high school diploma or certificate of equivalency.
Through the age of twenty, if the individual is adopted at sixteen or seventeen years of age and is one or more of the following:

(a) Completing secondary education or an educational program that leads to an equivalent credential or is enrolled in an institution that provides postsecondary or vocational education.

(b) Employed at least eighty hours a month.

(d) Unable to be a full-time student or to be employed because of a documented medical condition.

C. The subsidy may be for special services only or for money payments, and either for a limited period or for a long term, or for any combination thereof. The amount of the subsidy shall not exceed the payments allowable under foster family care. A special service subsidy shall not exceed the reasonable fee for the service rendered in accordance with costs and procedures for authorization of services as determined by the department.

D. There shall be a periodic review as defined by the department to determine the appropriateness and reasonableness of all subsidies and to ascertain the need for continuing or adjusting the subsidy.

E. Notwithstanding subsection A of this section, an application may be made and granted on behalf of a child adopted pursuant to the laws of this state at any time for a new or increased adoption subsidy on documentation of an undiagnosed condition that existed before the finalization of the adoption.

F. All records regarding subsidized adoption shall be confidential and may be disclosed only in accordance with the rules of the department.

§ 8-145 Appeals

An order denying, reducing or terminating a subsidy shall be appealable pursuant to title 41, chapter 6, article 6 and chapter 14, article 3.

Article 3 Nonrecurring Adoption Expenses

§ 8-161 Definitions

In this article, unless the context otherwise requires:

"Application" means the completion of the department application form with documentation of the child's special needs and nonrecurring expenses related to the adoption.
"Child" means a person who is under the age of eighteen years and who is adopted in this state or placed for adoption from this state.
"Nonrecurring adoption expenses" means reasonable and necessary adoption fees, court costs, attorney fees and expenses which are directly related to the legal process of adoption of a child with special needs including costs relating to the adoption study, health and psychological examinations, supervision of the placement before the adoption, transportation and reasonable costs of lodging and food for the child or adoptive parents which are incurred to complete the adoption process, meet federal requirements and are not reimbursed by other sources.
"Special needs" has the same meaning as provided in section 8-141.

§ 8-162 Nonrecurring adoption expense program; funding; use of other resources; payment

A. The department shall establish and administer a program of payment for nonrecurring adoption expenses. Nonrecurring adoption expenses shall be provided from monies appropriated to the department or made available to it from other sources.

B. Except as provided in subsection C, the department shall not reimburse nonrecurring adoption expenses unless an application is approved and an agreement is signed by the department and the applicant for nonrecurring expenses before entry of the final decree of adoption.

C. The department may approve and reimburse these expenses after the finalization of an adoption only in the following situations:

A final decree of adoption was entered into on or after January 1, 1987 and before the effective date of this article.
A final decree was entered into before January 1, 1987, but nonrecurring adoption expenses were paid after January 1, 1987.

D. For adoptions finalized between January 1, 1987 and the effective date of this article, a person shall file an application by December 14, 1990.

§ 8-163 Eligibility

A. Parents who have adopted a child with special needs may apply to the department for reimbursement of the nonrecurring expenses of that adoption.

B. To be eligible for reimbursement, the application must document the following:

The child cannot or should not be returned to the home of the child's parents.
The special needs of the child require financial assistance in order to place that child with the adoptive parents.
Reasonable effort has been made to place the child without providing reimbursement for nonrecurring adoption expenses, unless this is against the best interests of the child.

C. The department shall review the completed application, including supporting documentation provided by the applicant, to determine eligibility for reimbursement of nonrecurring adoption expenses.

§ 8-164 Nonrecurring expenses; limitation

A. The amount of nonrecurring adoption expenses paid by the department shall not exceed two thousand dollars for each adoption petition. Except if good cause exists as determined by the department, the department shall not pay nonrecurring adoption expenses for a child and all siblings or half-siblings who are adopted by the same parent or parents and whose parental rights were terminated within sixty days of each other, unless the child and all the siblings or half-siblings are on the same adoption petition.

B. The department shall not pay for nonrecurring adoption expenses that are submitted more than nine months after the final decree of adoption, except as provided pursuant to section 8-162, subsections C and D.

C. Nonrecurring adoption expenses that are not subject to reimbursement include family counseling received before the final decree of adoption or onetime costs associated with physical remodeling, renovation and alteration of the adoptive parents' home or property.

§ 8-165 Records

The department shall maintain records which include information regarding age, sex, ethnicity, country or state of origin, type of placement agency and category of nonrecurring adoption expenses which are reimbursed pursuant to this article.

§ 8-166 Appeals

A person may appeal a department decision denying or reducing an application for reimbursement of nonrecurring expenses pursuant to title 41, chapter 6, article 6 and chapter 14, article 3.

Article 4 Interstate Adoption Assistance Compacts

§ 8-171 Definitions

In this article, unless the context otherwise requires:

"Adoption assistance" means payments, medical assistance or benefits provided by an adoption assistance state pursuant to applicable federal and state laws.
"Adoption assistance state" means a state that is a signatory to an interstate adoption assistance compact.
"State" means a state, district, commonwealth or territory of the United States.

§ 8-172 Interstate compacts; requirements; optional contents

The department may enter into a compact with other states to provide for the reciprocal enforcement of adoption assistance agreements. A compact entered into pursuant to this section shall contain the following:

A provision making it available for joinder by all states.
A provision or provisions for withdrawal from the compact on written notice to the parties no sooner than one year from the date of the notice.
A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and are applicable to all children and their adoptive parents who on the effective date of the state's withdrawal from the compact are receiving adoption assistance from a party state other than the one in which they are residents and have their principal place of abode.
A requirement that each instance of adoption assistance to which the compact applies is covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state that provides the adoption assistance and that this agreement is expressly for the benefit of the adopted child and is enforceable by the adoptive parents and the state agency providing the adoption assistance.
Other provisions necessary to implement the compact.

§ 8-173 Adoption assistance agreements; reciprocity conditions; violation; classification

A. A child who resides in this state and who is the subject of an adoption assistance agreement with a state that has entered into a compact with this state is entitled to receive medical assistance from this state if the adoption assistance agreement provides categorical eligibility for federally funded medical assistance. This entitlement begins on the filing with the department of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with department rules, the adoptive parents shall show at least annually that the agreement with the other adoption assistance state is still in force or has been renewed.

B. The department and the Arizona health care cost containment system administration shall consider the holder of an adoption assistance agreement, as provided in subsection A of this section, as any other eligible medical assistance person under the laws of this state and shall make medical assistance payments pursuant to the same conditions and procedures for other recipients of medical assistance.

C. A person who knowingly submits a claim for payment or reimbursement for services or benefits pursuant to this section or who makes a statement in connection with a claim that is false, misleading or fraudulent is guilty of a class 6 felony.

Chapter 2 Juvenile Court

Article 1 General Provisions

§ 8-201 Definitions

In this title, unless the context otherwise requires:

"Abandoned" means the failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandoned includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.
"Abuse":

(a) Means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child, including an employee of a child welfare agency where a child is placed that is licensed by and contracted with the department.

(b) Includes:

(i) Inflicting or allowing sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553, incest pursuant to section 13-3608 or child sex trafficking pursuant to section 13-3212.

(ii) Physical injury that results from allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug as defined in section 13-3401.

(iii) Unreasonable confinement of a child.

"Adult" means a person who is eighteen years of age or older.
"Adult court" means the appropriate justice court, municipal court or criminal division of the superior court that has jurisdiction to hear proceedings concerning offenses committed by juveniles as provided in sections 8-327 and 13-501.
"Award" or "commit" means to assign legal custody.
"Child", "youth" or "juvenile" means an individual who is under eighteen years of age.
"Complaint" means a written statement of the essential facts constituting a public offense that is any of the following:

(a) Made on an oath before a judge or commissioner of the superior court or an authorized juvenile hearing officer.

(b) Made pursuant to section 13-3903.

(c) Accompanied by an affidavit of a law enforcement officer or employee that swears on information and belief to the accuracy of the complaint pursuant to section 13-4261.

"Criminal conduct allegation" means an allegation of conduct by a parent, guardian or custodian of a child or an adult member of the victim's household that, if true, would constitute any of the following:

(a) A violation of section 13-3623 involving child abuse.

(b) A felony offense that constitutes domestic violence as defined in section 13-3601.

(d) A violation of section 13-1405, 13-1410 or 13-1417.

(e) Any other act of abuse that is classified as a felony.

(f) An offense that constitutes domestic violence as defined in section 13-3601 and that involves a minor who is a victim of or was in imminent danger during the domestic violence.

"Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court.
"DCS report" means a communication received by the centralized intake hotline that alleges child abuse or neglect and that meets the criteria for a report as prescribed in section 8-455.
"Delinquency hearing" means a proceeding in the juvenile court to determine whether a juvenile has committed a specific delinquent act as set forth in a petition.
"Delinquent act" means an act by a juvenile that if committed by an adult would be a criminal offense or a petty offense, a violation of any law of this state, or of another state if the act occurred in that state, or a law of the United States, or a violation of any law that can only be violated by a minor and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime. Delinquent act does not include an offense under section 13-501, subsection A or B if the offense is filed in adult court. Any juvenile who is prosecuted as an adult or who is remanded for prosecution as an adult shall not be adjudicated as a delinquent juvenile for the same offense.
"Delinquent juvenile" means a child who is adjudicated to have committed a delinquent act.
"Department" means the department of child safety.
"Dependent child":

(a) Means a child who is adjudicated to be:

(i) In need of proper and effective parental care and control and who has no parent or guardian, or one who has no parent or guardian willing to exercise or capable of exercising such care and control.

(ii) Destitute or who is not provided with the necessities of life, including adequate food, clothing, shelter or medical care.

(iii) A child whose home is unfit by reason of abuse, neglect, cruelty or depravity by a parent, a guardian or any other person having custody or care of the child.

(iv) Under eight years of age and who is found to have committed an act that would result in adjudication as a delinquent juvenile or incorrigible child if committed by an older juvenile or child.

(v) Incompetent or not restorable to competency and who is alleged to have committed a serious offense as defined in section 13-706.

(b) Does not include a child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner if none of the circumstances described in subdivision (a) of this paragraph exists.

"Detention" means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation.
"Director" means the director of the department.
"Health professional" has the same meaning prescribed in section 32-3201.
"Incorrigible child" means a child who:

(a) Is adjudicated as a child who refuses to obey the reasonable and proper orders or directions of a parent, guardian or custodian and who is beyond the control of that person.

(b) Is habitually truant from school as defined in section 15-803, subsection C.

(d) Habitually behaves in such a manner as to injure or endanger the morals or health of self or others.

(e) Commits any act constituting an offense that can only be committed by a minor and that is not designated as a delinquent act.

(f) Fails to obey any lawful order of a court of competent jurisdiction given in a noncriminal action.

"Independent living program" includes a residential program with supervision of less than twenty-four hours a day.
"Juvenile court" means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility.
"Law enforcement officer" means a peace officer, sheriff, deputy sheriff, municipal police officer or constable.
"Medical director of a mental health agency":

(a) Means a psychiatrist, or licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency, or a psychiatrist designated by the governing body to act for the director.

(b) Includes the superintendent of the state hospital.

"Mental health agency" means any private or public facility that is licensed by this state as a mental health treatment agency, a psychiatric hospital, a psychiatric unit of a general hospital or a residential treatment center for emotionally disturbed children and that uses secure settings or mechanical restraints.
"Neglect" or "neglected" means:

(a) The inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes substantial risk of harm to the child's health or welfare, except if the inability of a parent, guardian or custodian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services.

(b) Allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person with the intent and for the purpose of manufacturing a dangerous drug as defined in section 13-3401.

(c) A determination by a health professional that a newborn infant was exposed prenatally to a drug or substance listed in section 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional. This subdivision does not expand a health professional's duty to report neglect based on prenatal exposure to a drug or substance listed in section 13-3401 beyond the requirements prescribed pursuant to section 13-3620, subsection E. The determination by the health professional shall be based on one or more of the following:

(i) Clinical indicators in the prenatal period including maternal and newborn presentation.

(ii) History of substance use or abuse.

(iii) Medical history.

(iv) Results of a toxicology or other laboratory test on the mother or the newborn infant.

(d) Diagnosis by a health professional of an infant under one year of age with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects.

(e) Deliberate exposure of a child by a parent, guardian or custodian to sexual conduct as defined in section 13-3551 or to sexual contact, oral sexual contact or sexual intercourse as defined in section 13-1401, bestiality as prescribed in section 13-1411 or explicit sexual materials as defined in section 13-3507.

(f) Any of the following acts committed by the child's parent, guardian or custodian with reckless disregard as to whether the child is physically present:

(i) Sexual contact as defined in section 13-1401.

(ii) Oral sexual contact as defined in section 13-1401.

(iii) Sexual intercourse as defined in section 13-1401.

(iv) Bestiality as prescribed in section 13-1411.

"Newborn infant" means a child who is under thirty days of age.
"Petition" means a written statement of the essential facts that allege delinquency, incorrigibility or dependency.
"Prevention" means the creation of conditions, opportunities and experiences that encourage and develop healthy, self-sufficient children and that occur before the onset of problems.
"Protective supervision" means supervision that is ordered by the juvenile court of children who are found to be dependent or incorrigible.
"Qualified young adult" means a former dependent child who is at least eighteen years of age and not over twenty-one years of age, who meets the criteria for an extended foster care program pursuant to section 8-521.02 and who signs a voluntary agreement to participate in the program.
"Referral" means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act.
"Secure care" means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress.
"Serious emotional injury" means an injury that is diagnosed by a medical doctor or a psychologist and that does any one or a combination of the following:

(a) Seriously impairs mental faculties.

(b) Causes serious anxiety, depression, withdrawal or social dysfunction behavior to the extent that the child suffers dysfunction that requires treatment.

(c) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608.

"Serious physical injury" means an injury that is diagnosed by a medical doctor and that does any one or a combination of the following:

(a) Creates a reasonable risk of death.

(b) Causes serious or permanent disfigurement.

(d) Causes serious impairment of health.

(e) Causes the loss or protracted impairment of an organ or limb.

(f) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608.

"Shelter care" means the temporary care of a child in any public or private facility or home that is licensed by this state and that offers a physically nonsecure environment that is characterized by the absence of physically restricting construction or hardware and that provides the child access to the surrounding community.
"Standardized hotline assessment tool" means any written tool used to make a determination that the allegation of abuse or neglect that is the subject of a report received pursuant to section 8-455 involves conduct that warrants investigation by the department pursuant to section 8-456 or 8-471.
"Young adult administrative review" means an administrative review of a voluntary extended foster care case plan with the qualified young adult, the department's case specialist or designee, an independent party who is not responsible for the case management of or the delivery of services to the qualified young adult and any other individual the young adult invites.

§ 8-201.01 Prohibitions

A. Notwithstanding any other provision of this chapter or chapter 4, articles 8, 9, 10, 11, 12, 13 and 14 of this title:

A child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner shall not, for that reason alone, be considered to be an abused, neglected or dependent child.
A child whose parent, guardian or custodian refuses to put the child on a psychiatric medication or questions the use of a psychiatric medication shall not be considered to be an abused, neglected or dependent child for that reason alone.

B. A parent may not be considered as having abused, neglected or abandoned or charged with abuse, neglect or abandonment of a biological, foster or adoptive child solely for seeking inpatient treatment or an out-of-home placement if the child's behavioral health needs pose a risk to the safety and welfare of the family.

C. A parent may not be considered as having abused or neglected or charged with abuse or neglect of a child solely for bringing into the home a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of the family.

§ 8-202 Jurisdiction of juvenile court

A. The juvenile court has original jurisdiction over all delinquency proceedings brought under the authority of this title.

B. The juvenile court has exclusive original jurisdiction over all proceedings brought under the authority of this title except for delinquency proceedings.

C. The juvenile court may consolidate any matter, except that the juvenile court shall not consolidate any of the following:

A criminal proceeding that is filed in another division of superior court and that involves a child who is subject to the jurisdiction of the juvenile court.
A delinquency proceeding with any other proceeding that does not involve delinquency, unless the juvenile delinquency adjudication proceeding is not heard at the same time or in the same hearing as a nondelinquency proceeding.

D. The juvenile court has jurisdiction of proceedings to:

Obtain judicial consent to the marriage, employment or enlistment in the armed services of a child, if consent is required by law.
In an action in which parental rights are terminated pursuant to chapter 4, article 5 or 11 of this title, change the name of a minor child who is the subject of the action. If the minor child who is the subject of the action is twelve years of age or older, the court shall consider the wishes of the child with respect to the name change.

E. The juvenile court has jurisdiction over civil traffic violations, civil marijuana violations and offenses listed in section 8-323, subsection B that are committed within the county by persons who are under eighteen years of age unless the presiding judge of the county declines jurisdiction of these cases. The presiding judge of the county may decline jurisdiction of civil traffic violations and civil marijuana violations committed within the county by juveniles if the presiding judge finds that the declination would promote the more efficient use of limited judicial and law enforcement resources located within the county. If the presiding judge declines jurisdiction, juvenile civil traffic violations and civil marijuana violations shall be processed, heard and disposed of in the same manner and with the same penalties as adult civil traffic violations.

F. The orders of the juvenile court under the authority of this chapter or chapter 3 or 4 of this title take precedence over any order of any other court of this state except for the following:

An order entered in the criminal court concerning an ongoing case that governs a criminal defendant's ability to contact the victim, the family of the victim or other minor children if the criminal court makes a finding that contact with other minor children would pose a risk of harm to those children.
An order by the court of appeals and the supreme court to the extent they are inconsistent with orders of other courts.

G. Except as provided in subsection H of this section, jurisdiction of a child that is obtained by the juvenile court in a proceeding under this chapter or chapter 3 or 4 of this title shall be retained by it, for the purposes of implementing the orders made and filed in that proceeding, until the child becomes eighteen years of age, unless terminated by order of the court before the child's eighteenth birthday.

H. At any time before an adjudication hearing or a proceeding in which a juvenile is admitting to an allegation in a petition that alleges the juvenile is delinquent, the state may file a notice of intent to retain jurisdiction over a juvenile who is seventeen years of age. If the state files a notice of intent to retain jurisdiction, the juvenile court's jurisdiction over a juvenile is retained on the filing of the notice and the court shall retain jurisdiction over the juvenile until the juvenile reaches nineteen years of age, unless before the juvenile's nineteenth birthday either:

Jurisdiction is terminated by order of the court.
The juvenile is discharged from the jurisdiction of the department of juvenile corrections pursuant to section 41-2820.

I. Persons who are under eighteen years of age shall be prosecuted in the same manner as adults if either:

The juvenile court transfers jurisdiction pursuant to section 8-327.
The juvenile is charged as an adult with an offense listed in section 13-501.

J. The juvenile court shall retain jurisdiction after a juvenile's eighteenth birthday for the purpose of:

Designating an undesignated felony offense as a misdemeanor or felony, including after an adjudication is set aside pursuant to section 8-348.
Modifying an outstanding monetary obligation imposed by the court except for victim restitution.
Implementing section 36-2862.

K. The juvenile court has jurisdiction to make the initial determination prescribed in section 8-829 whether the voluntary participation of a qualified young adult in an extended foster care program pursuant to section 8-521.02 is in the young adult's best interests.

§ 8-203 Court employees; appointment; certification; qualifications; salary; bond

A. The presiding judge of the juvenile court shall appoint a director of juvenile court services who shall serve at the pleasure of the presiding juvenile judge.

B. The director of juvenile court services shall recommend the appointment of deputy probation officers, detention personnel, other personnel and office assistants as the director deems necessary. Such deputy probation officers, detention personnel, other personnel and office assistants shall not have authority to act or draw a salary for their services until their appointments have been approved and ordered by the presiding judge of the juvenile court. A juvenile probation officer performing field supervision shall not supervise more than an average of thirty-five juveniles on probation at one time.

C. Probation department personnel shall qualify under minimum standards of experience and education established by the supreme court. Notwithstanding section 12-265, any additional salary costs that might be required as a result of the adoption of minimum salary standards by the supreme court may be paid by funds made available to the probation department pursuant to sections 12-267 and 12-268 or by the supreme court.

D. The presiding judge of the juvenile court may contract with the juvenile court and the board of supervisors in one or more adjoining counties jointly to employ one or more juvenile probation officers who meet the minimum standards, with the salaries and expenses for such personnel divided equally among the counties involved. The presiding judge of the juvenile court may contract with the state department of corrections for the juvenile court to provide parole services in the county.

E. The board of supervisors, on recommendation of the presiding judge of the juvenile court, shall fix the salary ranges of all juvenile probation department personnel. Juvenile probation department personnel shall be hired pursuant to the rules and procedures approved by the supreme court.

F. Each director of juvenile court services and deputy juvenile probation officer receiving an official salary shall furnish a bond in the sum of not less than two thousand dollars which is approved by the judge of the juvenile court and conditioned for the faithful discharge of the duties of his office. If such bonds are furnished by a surety company licensed to transact business in the state, the premiums on such bonds shall be a county charge. In the event the employees are included in a master bond pursuant to county regulations or covered by state risk management, the individual bonds prescribed shall not be required.

§ 8-203.01 Fingerprinting juvenile probation officers; affidavit

A. Juvenile probation officers employed by the juvenile court shall be fingerprinted as a condition of employment. A juvenile probation officer shall submit fingerprints and the form prescribed in subsection D of this section to the chief juvenile probation officer within seven working days after the date a juvenile probation officer begins work. Employment with the juvenile court as a juvenile probation officer is conditioned on the results of the fingerprint check.

B. Fingerprint checks shall be conducted pursuant to section 41-1750, subsection G.

C. The juvenile court shall assume the costs of fingerprint checks and may charge these costs to the fingerprinted juvenile probation officer.

D. Juvenile probation officers shall certify on forms that are provided by the juvenile court and notarized that they are not awaiting trial on and have never been convicted of or admitted committing any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

Sexual abuse of a minor.
Incest.
First or second degree murder.
Kidnapping.
Arson.
Sexual assault.
Sexual exploitation of a minor.
Contributing to the delinquency of a minor.
Commercial sexual exploitation of a minor.
Felony offenses involving distribution of marijuana, dangerous drugs or narcotic drugs.
Burglary.
Robbery.
A dangerous crime against children pursuant to section 13-705.
Child abuse.
Sexual conduct with a minor.
Molestation of a child.

E. The juvenile court shall make documented, good faith efforts to contact previous employers of juvenile probation officers to obtain information or recommendations that may be relevant to an individual's fitness for employment as a juvenile probation officer.

§ 8-204 Juvenile court employees; merit system; annual report

A. The director of juvenile court services shall serve at the pleasure of the presiding judge of the juvenile court.

B. In counties which have adopted or hereafter adopt a limited county employee merit system pursuant to title 11, chapter 2, article 10 or a judicial merit system, juvenile probation officers, juvenile surveillance officers and juvenile detention officers other than the director and deputy director of juvenile court services shall be included in such county merit system or judicial merit system and entitled to the same privileges and protections provided in such merit system for other county employees or court employees. Deputy directors and all other employees of the juvenile court may be included in the county merit system or judicial merit system at the discretion of the presiding judge of the superior court in each county.

C. The director of juvenile court services, in addition to all other duties, must submit an annual report to the presiding judge of the superior court and the legislature that includes the number of juveniles that the court has retained jurisdiction over pursuant to section 8-202, subsection H. The director shall provide a copy of this report to the secretary of state.

§ 8-205 Powers and duties of juvenile court personnel

Subject to the limitations of this chapter and chapter 3 of this title or as imposed by the juvenile court, an authorized juvenile court officer shall:

Except as provided by section 8-323, receive and examine all referrals or Arizona uniform traffic ticket and complaint forms involving an alleged delinquent juvenile or incorrigible child.
Perform other duties as required or prescribed by the presiding judge of the juvenile court.
Have the authority of a peace officer in the performance of the court officer's duties.
Receive petitions alleging a child or children as dependent and transmit the petitions to the juvenile court.

§ 8-206 Venue

A. The venue of proceedings in the juvenile court shall be determined by the county of the residence of the juvenile, or the county where the alleged dependency or incorrigibility occurs.

B. The venue of proceedings in the juvenile court in which a petition alleging a delinquent act is filed is the county where the alleged delinquent act occurs.

C. The venue of proceedings in the juvenile court in which a referral alleging a delinquent act is diverted pursuant to section 8-321 is the county of residence of the juvenile or the county where the alleged delinquent act occurs.

D. If the residence of the juvenile and the situs of the alleged dependency or incorrigibility are in different counties, invoking proceedings in one county shall bar proceedings in the others.

E. On agreement of the judge in the county of disposition and the judge in the county of residence and after considering the interests of the victim, juvenile and supervising probation officer, a juvenile may be supervised on probation in the county of the juvenile's residence. The judge in the juvenile's county of residence has authority to enforce the terms and conditions of the juvenile's probation.

§ 8-207 Order of adjudication; noncriminal; use as evidence

A. Except as provided by section 13-904, subsection H, section 13-2921.01, section 17-340 or sections 28-3304, 28-3306 and 28-3320, an order of the juvenile court in proceedings under this chapter shall not be deemed a conviction of crime, impose any civil disabilities ordinarily resulting from a conviction or operate to disqualify the juvenile in any civil service application or appointment.

B. The disposition of a juvenile in the juvenile court may not be used against the juvenile in any case or proceeding other than a criminal or juvenile case in any court, whether before or after reaching majority, except as provided by section 13-2921.01, section 17-340 or sections 28-3304, 28-3306 and 28-3320.

§ 8-208 Juvenile court records; public inspection; exceptions

A. The following records relating to a juvenile who is referred to juvenile court are open to public inspection:

Referrals involving delinquent acts, after the referrals have been made to the juvenile court or the county attorney has diverted the matter according to section 8-321.
Arrest records, after the juvenile is an accused as defined by section 13-501.
Delinquency hearings.
Disposition hearings.
A summary of delinquency, disposition and transfer hearings.
Revocation of probation hearings.
Appellate review.
Diversion proceedings involving delinquent acts.

B. On the request of an adult probation officer or state or local prosecutor, the juvenile court shall release to an adult probation department or prosecutor all information in its possession concerning a person who is charged with a criminal offense.

C. The juvenile court shall release all information in its possession concerning a person who is arrested for a criminal offense to superior court programs or departments, other court divisions or judges or as authorized by the superior court for the purpose of assisting in the determination of release from custody, bond and pretrial supervision.

D. On request by the appropriate jail authorities for the purpose of determining classification, treatment and security, the juvenile court shall release all information in its possession concerning persons who are under eighteen years of age, who have been transferred from juvenile court for criminal prosecution and who are being held in a county jail pending trial.

E. The court shall edit the records to protect the identity of the victim or the immediate family of the victim if the victim has died as a result of the alleged offense.

F. Except as otherwise provided by law, the records of an adoption, severance or dependency proceeding shall not be open to public inspection.

G. The court may order that the records be kept confidential and withheld from public inspection if the court determines that the subject matter of any record involves a clear public interest in confidentiality.

H. The disclosure of educational records received pursuant to section 15-141 shall comply with the family educational and privacy rights act of 1974 (20 United States Code section 1232g).

§ 8-209 Juvenile court facilities; juvenile shelters; treatment services

If appropriate facilities are available to the juvenile court, the presiding judge of the superior court may do both of the following:

Authorize juvenile court staff to provide services within the facilities.
Enter into an agreement for the use of those facilities by a provider of juvenile shelter or treatment services.

Article 2 General Procedure

§ 8-221 Counsel right of juvenile, parent or guardian; appointment; guardian ad litem

A. The court shall appoint an attorney for a child in all delinquency proceedings that commence with a petition or that may involve detention, dependency proceedings or termination of parental rights proceedings that are conducted pursuant to this title. The court shall appoint the attorney before the first hearing. The attorney shall represent the child at all stages of the proceedings and, in a dependency proceeding, through dismissal.

B. If a parent or guardian is found to be indigent and entitled to counsel, the juvenile court shall appoint an attorney to represent the person or persons unless the person knowingly, intelligently and voluntarily waives counsel.

C. Before any court appearance that may result in institutionalization or mental health hospitalization of a juvenile, the court shall appoint counsel for the juvenile if counsel has not been previously appointed or retained by or for the juvenile.

D. The county board of supervisors may fix a reasonable sum to be paid by the county for the services of an appointed attorney.

E. In a county where there is a public defender, the public defender may act as attorney in either:

A delinquency or incorrigibility proceeding when requested by the juvenile court.
Any other juvenile proceeding that is conducted pursuant to this title if the board of supervisors authorizes the appointment of the public defender.

F. In all juvenile court proceedings in which the dependency petition includes an allegation that the juvenile is abused or neglected, the court may appoint a guardian ad litem to protect the juvenile's best interests. This guardian ad litem shall be an attorney. The guardian ad litem is not the child's attorney.

G. Any guardian ad litem or attorney appointed for a juvenile shall meet with the juvenile before the preliminary protective hearing, if possible, or within fourteen days after the preliminary protective hearing. The guardian ad litem or attorney appointed for the juvenile also shall meet with the juvenile before all substantive hearings. On a showing of extraordinary circumstances, the judge may modify this requirement for any substantive hearing.

§ 8-222 Subpoenas; issuance

A. The clerk may issue subpoenas and any other process to compel the attendance of witnesses at a hearing involving a child.

B. The county attorney or attorney general who will present evidence at a hearing involving a juvenile who is accused of committing a delinquent or incorrigible act may issue subpoenas to compel the attendance of a witness at the hearing.

C. Any person may serve a subpoena issued pursuant to subsection B.

Article 3 Juvenile Hearings

§ 8-231 Juvenile court commissioners; appointment; powers and duties; compensation; qualifications

A. The presiding judge of the juvenile court in a county may appoint juvenile court commissioners to serve at the pleasure of the presiding judge, provided that the funds necessary to fill these positions have been approved by the respective county board of supervisors. A juvenile court commissioner has the powers and duties as are prescribed by rule of the supreme court.

B. A juvenile court commissioner shall not make ex parte orders which would deprive a person of custody of his child or deprive a person of his liberty, except in default hearings or for necessary temporary matters preceding a hearing.

C. A juvenile court commissioner is entitled to receive an annual salary set by the presiding juvenile court judge at an amount not to exceed the maximum amount provided in section 12-213. The salary of a juvenile court commissioner is a county charge.

D. To be eligible for appointment as a juvenile court commissioner a person must meet the following qualifications:

Be a member of the state bar of Arizona.
For at least four years have either engaged in the general practice of law, or have served as a full-time juvenile court referee or hearing officer for at least four years or have a combination of both such practice and service.

§ 8-232 County attorney

If a child in a juvenile court hearing who is the subject of the petition that does not allege a delinquent act or incorrigibility is represented by counsel in a contested matter, the county attorney, when requested by the juvenile court judge, shall appear and participate in the hearing to assist in ascertaining and presenting evidence.

§ 8-233 Record of proceeding

The provisions of title 12, chapter 2, article 3, providing for a court reporter shall apply at any juvenile court hearing conducted by a judge.

§ 8-234 Treatment, community restitution, restraining and protective orders

A. A parent or legal guardian of a person who is under eighteen years of age shall exercise reasonable care, supervision, protection and control over the parent's or legal guardian's minor child.

B. On petition of a party or on the court's own motion, the court may make an order directing, restraining or otherwise controlling the conduct of a person if:

An order or disposition of a delinquent, dependent or incorrigible child has been or is about to be made in a proceeding under this chapter.
The court finds that such conduct is or may be detrimental or harmful to the child, will tend to defeat the execution of an order or disposition made or to be made or will assist in or is necessary for the rehabilitation of the child.
Notice of the petition or motion and the grounds for the petition or motion and an opportunity to be heard on the petition or motion have been given to the person against whom the order is directed.

C. The court may invoke its contempt powers pursuant to section 8-247 to enforce any treatment, counseling, education or other restraining or protective order that applies to:

The child, the parents or guardian of the child or any other party before the court who is the subject of an order to participate in a counseling, treatment or education program or any other restraining or protective order.
The legal custodians or agencies, including agency personnel, that are ordered to provide treatment or services to the child, the child's family or any party named in the dispositional order.

D. The court may not order a parent or guardian to pay the cost of any counseling, treatment or education program ordered pursuant to subsection F of this section.

E. If the court after notice and hearing finds that a person has failed to exercise reasonable care, supervision, protection and control of a minor pursuant to subsection A of this section or if the court holds a person in contempt for violating an order issued pursuant to this section, the court may immediately take one or more of the following actions:

Impose a fine of not more than $1,000, plus any applicable surcharges and assessments.
Impose a term of incarceration in jail for a period of not more than thirty days.
Order the parents or guardian of the child to perform community restitution with the child.

F. If the court finds that the best interests of the child would be served by participation in a diversion program, in lieu of taking any action pursuant to subsection C of this section, the court may order the parent or guardian of a child to participate in a diversion program, approved by the supreme court, that requires the parent or guardian to perform community restitution or to attend and successfully complete a program of counseling, treatment or education. If the terms and conditions of the diversion order are successfully completed, the court shall dismiss its finding against the parents. If the court finds that the terms and conditions of the diversion order were not successfully completed it may take one or more of the actions specified in subsection B of this section.

G. Before a hearing that may result in incarceration for a person who is alleged to have violated a court order under this section, the court shall advise the person that the person has the right to be represented by counsel and that the court may appoint counsel if the court finds that the person is indigent.

H. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering an expense that is related to the child's treatment or care.

§ 8-235 Appeals

A. Any aggrieved party in any juvenile court proceeding under this title may appeal from a final order of the juvenile court to the court of appeals in the manner provided in the Arizona rules of procedure for the juvenile court as adopted or approved by the Arizona supreme court.

B. The order of the juvenile court shall not be suspended and the execution of the order shall not be stayed pending the appeal, except that the appellate court may, by order, suspend or stay the execution of the order if suitable provision is made for the care and custody of the juvenile.

C. The court of appeals shall give the appeal precedence over all other actions except extraordinary writs or special actions.

D. The judge of the juvenile court shall appoint an attorney for an indigent party appealing a final order of the juvenile court and a reasonable sum shall be fixed by the court to be paid by the county to the attorney for the appeal.

§ 8-236 Cooperation

A. Every public official and department shall render all assistance and cooperation within the official's or department's jurisdictional power which may further the objects of this chapter. An institution or agency to which the juvenile court awards a juvenile shall give the court, an officer appointed by the court or the county attorney any information concerning the juvenile as the court, the officer or the county attorney may require.

B. The juvenile court or the county attorney may seek the cooperation of organizations whose object is to protect or aid children and family life. The juvenile court or the county attorney in each county may establish, or assist in the establishment of, any other public council or committee having as its object the prevention of juvenile delinquency, including community based alternative programs. The juvenile court or county attorney may cooperate with, or participate in, the work of any council or committee for the purpose of preventing or decreasing juvenile delinquency, including improving recreational, health and other conditions in the community affecting juvenile welfare.

§ 8-237 Statement or conduct of minor; hearsay exception

The out-of-court statements or nonverbal conduct of a minor regarding acts of abuse or neglect perpetrated on the minor are admissible for all purposes in any adoption, dependency, termination of parental rights or guardianship proceeding under this title if the time, content and circumstances of such a statement or nonverbal conduct provide sufficient indication of its reliability.

§ 8-238 Advisory hearing; DNA

A. If a juvenile is charged with a violation of any of the following offenses and is summoned to appear at an advisory hearing, the judicial officer shall order the juvenile to report within five days to the law enforcement agency that investigated the juvenile or to the agency's designee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction:

An offense listed in title 13, chapter 11.
A violation of section 13-1402, 13-1403, 13-1404, 13-1405, 13-1406, 13-1410, 13-1411 or 13-1417.
A violation of section 13-1507 or 13-1508.
A violation of any serious offense as defined in section 13-706 that is a dangerous offense as defined in section 13-105.

B. If a juvenile does not comply with an order issued pursuant to subsection A of this section, the court shall revoke the juvenile's release.

C. The investigating law enforcement agency or its designee shall transmit the sample to the department of public safety.

D. Section 13-610, subsections H, I, J, K, M and N, are applicable to samples collected pursuant to this section.

Article 4 Disposition and Commitment

§ 8-242 Evaluation and disposition of a child with developmental disabilities

A. If evidence indicates that a child who is under the jurisdiction of the court pursuant to this chapter, chapter 3 or chapter 4, articles 8, 9, 10, 11, 12, 13 and 14 of this title may be suffering from developmental disabilities, the juvenile court shall order a study and report on the child's condition.

B. If it appears from the study and the report that such child is a child with a developmental disability and the child has been adjudicated dependent, incorrigible or delinquent, the juvenile court shall hear the matter, and such child shall be assigned by the juvenile court pursuant to section 8-341 or 8-845. If a child with a developmental disability is assigned by the juvenile court to the department, such assignment shall be subject to the provisions of section 36-560.

C. If it appears from the study and report or hearing that the child is not subject to assignment as a child with a developmental disability, the juvenile court shall proceed in the manner as otherwise provided by this chapter, chapter 3 or chapter 4, articles 8, 9, 10, 11, 12, 13 and 14 of this title.

§ 8-243 Expenses of child services; parent liability prohibited

A. The supreme court shall administer the activities, including providing the cost of services, for children who are referred to the juvenile court as incorrigible or delinquent and who are placed in foster care other than in a state institution or who require shelter care or treatment. If the juvenile court places a referred child in foster care or orders a referred child to participate in treatment or an education program or if a probation officer requires a child to comply with a program pursuant to section 8-321, subsection F, the juvenile court may not order the child or the child's parent or guardian to bear the charge or expense of the foster care, treatment, education program or program required pursuant to section 8-321, subsection F.

B. If the juvenile court awards or commits a child to the department of juvenile corrections or other state department or institution, the juvenile court may not order the child or the child's parent or guardian to bear the charge, expense and maintenance, including the medical, dental and mental health care of the child while the child is committed to the custody of the department of juvenile corrections or other public or private institution or agency, or private person or persons.

C. If the juvenile court awards or commits a child to a juvenile detention facility, the juvenile court may not order the child or the child's parent or guardian to bear the charge, expense and maintenance, including food, clothing, shelter and supervision of the child while the child is detained in a juvenile detention facility.

D. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering an expense that is related to the child's treatment or care.

§ 8-243.02 Assignment of right to support; priority

A. The right to support of a child receiving foster care maintenance payments pursuant to 42 United States Code sections 670 through 676 is assigned to this state by operation of law. The agency in this state administering the provisions of 42 United States Code sections 651 through 665 shall take all steps necessary to enforce the assigned rights to support.

B. This state's assigned right to support has priority over the claims of all support claimants until the amounts due this state are satisfied.

§ 8-244 Removal of child from state

The juvenile court may permit the person to whom a child's or ward's care is temporarily awarded to remove a dependent child or ward of the court from this state, on recognizance, with or without sureties, that satisfies the court, obligating the person to produce the child or ward when required by the court.

§ 8-245 Physical and mental care

A. When a child under the jurisdiction of the juvenile court appears to be in need of medical or surgical care, the juvenile court may order the parent, guardian or custodian to provide treatment for the child in a hospital or otherwise. If the parent, guardian or custodian fails to provide the care as ordered, the juvenile court may enter an order therefor, and the expense, when approved by the juvenile court, shall be a county charge. The court may not order a child or the parent or guardian of a child who is in residential placement as a term of probation, detention or incarceration to pay for treatment expenses.

B. A county with a population of more than one million persons shall pay claims approved by the county from a facility or provider for medical or surgical care to a child that is a county charge pursuant to subsection A of this section, unless otherwise provided by an intergovernmental agreement, as follows:

For inpatient and outpatient hospital services, the county shall reimburse at a level that does not exceed the reimbursement methodology established pursuant to section 36-2903.01, subsection G.
For health and medical services, the county shall reimburse at a level that does not exceed the capped fee-for-service schedule that is adopted by the Arizona health care cost containment system administration pursuant to title 36, chapter 29, article 1 and that is in effect at the time the services are delivered.

C. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering an expense related to the child's treatment or care.

§ 8-246 Jurisdiction; length of commitment; placement; assessment; definition

A. When jurisdiction of a juvenile has been acquired by the juvenile court, the juvenile shall continue under the jurisdiction of the juvenile court until the juvenile attains eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, nineteen years of age, unless sooner discharged pursuant to law. From the time of commitment to the department of juvenile corrections, a juvenile shall be subject to the control of the department of juvenile corrections until the juvenile's discharge pursuant to section 41-2820.

B. Except pursuant to section 8-341, subsection I and section 8-344, and unless the court has retained jurisdiction over the person pursuant to section 8-202, subsection H:

The awarding of a juvenile shall not extend beyond the juvenile's eighteenth birthday.
Commitment to the department of juvenile corrections shall be until the juvenile attains eighteen years of age unless sooner discharged by the department of juvenile corrections.

C. The supreme court in cooperation with the department of juvenile corrections and other state agencies shall develop a common risk needs assessment instrument to be used for each juvenile who is adjudicated delinquent in the juvenile court. The juvenile court shall update the risk needs assessment on each subsequent adjudication, and the court shall use the risk needs assessment to determine the appropriate disposition of the juvenile. The supreme court in cooperation with the department of juvenile corrections shall develop guidelines to be used by juvenile court judges in determining those juveniles who should be committed to the department of juvenile corrections.

D. For the purposes of this section, "juvenile" includes a person who is under eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, under nineteen years of age.

§ 8-247 Contempt powers

The juvenile court may punish a person for contempt of court for wilfully violating, neglecting or refusing to obey or perform any lawful order of the juvenile court or for obstructing or interfering with the proceedings of the juvenile court or the enforcement of its orders subject to the laws relating to the procedures therefor and the limitations thereon.

§ 8-248 Hearing; service providers; definition

A. On motion of any party asserting that a child or parent has a statutory or contractual right to receive services from an agency or private service provider, either directly or as a third party beneficiary, a court, after giving notice and an opportunity to be heard, may order the agency or private service provider to appear at a hearing to discuss the child or parent’s service plan.

B. If the child or parent is eligible to receive behavioral health services with title XIX or XXI of the social security act monies, the court may order the agency or private service provider to provide only those behavioral health services that the agency or private service provider determines to be medically necessary covered services.

C. This section does not prohibit the agency or private service provider that has received notice of the hearing from meeting with the parent or child's representative before the hearing to coordinate services.

D. For the purposes of this section, "private service provider" means any individual or entity that receives federal, state or local government funding or reimbursement for providing services directly to a child who is adjudicated a ward of the court.

§ 8-249 Restoration of civil rights; persons adjudicated delinquent

A. A person who was adjudicated delinquent and whose period of probation has been completed may have the right to possess or carry a firearm restored by the superior court in the county where the person was adjudicated at the end of the person's term of probation.

B. A person who was adjudicated delinquent and who has been discharged from probation, on proper application, may have the right to carry or possess a firearm restored by the judge of the juvenile court in the county where the person was adjudicated delinquent or the judge's successors. The clerk of the superior court shall process the application on the request of the person involved or the person's attorney. The clerk of the superior court shall serve a copy of the application on the county attorney. The clerk of the superior court may not charge a filing fee for the application.

C. If the person's adjudication was for a dangerous offense under section 13-704, a serious offense as defined in section 13-706, burglary in the first degree, burglary in the second degree or arson, the person may not file for the restoration of the right to possess or carry a firearm until the person attains thirty years of age. If the person's adjudication was for any other felony offense, the person may not file for the restoration of the right to possess or carry a firearm for two years from the date of the person's discharge.

Article 5 Family Counseling Programs

§ 8-261 Definitions

In this article, unless the context otherwise requires:

"Court" means the juvenile division of the superior court.
"Family counseling programs" means those public and private programs established pursuant to rules and guidelines promulgated and administered by the presiding judge of the juvenile division of the superior court in each participating county and approved by the supreme court for the purpose of strengthening family relationships and prevention of juvenile delinquency.
"Juvenile population" means the number of persons under the age of eighteen years in each county, as determined at least annually by the department of economic security.
"Matching funds" means state monies distributed by the supreme court to a participating county on a four-to-one ratio provided by the state and participating county respectively.

§ 8-262 Establishing voluntary programs

Any county in this state may establish family counseling programs pursuant to this article. These programs shall be administered by the court and may be carried out by certified public and private agencies.

§ 8-263 Order for counseling; administration

A. In addition to or before entering a judgment pursuant to article 4 of this chapter, the court may order parents or guardians of a child referred to the court and the child to attend family counseling programs administered by the court pursuant to this article.

B. The court shall determine the frequency of attendance at the counseling sessions provided for in subsection A of this section, the times and locations of the counseling sessions and the areas of counseling to be emphasized. The court may employ personnel and delegate to public and private agencies execution of the family counseling programs.

C. The court may not order a child or the child's parent or guardian to pay for the cost of counseling sessions or other services that are authorized by this section. Payment for services necessary to carry out the provisions of this section shall be a county charge to the matching funds as provided in this article.

D. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering a cost that is related to the child's treatment or care.

§ 8-264 Participation by county; certification

A. A county may elect to participate in the family counseling programs by resolution of the county's board of supervisors. Such resolution shall be delivered to the supreme court on or before June 15. The supreme court shall then certify a list of counties which have elected to participate and shall inform those counties of the amounts of funding available to them.

B. The court shall certify that the amount expended by the county for purposes of determining matching funds has been utilized to supplement, not supplant, county or state funds that would otherwise be made available for family counseling services.

C. The court shall certify that the amount of aid provided by the state and county to a family counseling program pursuant to this article does not exceed seventy per cent of the program's annual operating budget.

§ 8-265 County's share of matching funds; appropriation by legislature

A. A county's share of the matching funds may be provided by such county in cash or an amount not in excess of twenty-five per cent of such share may be credited for other expenditures of the county in similar counseling services. A county providing matching funds for a federal program for similar services shall be given credit as contributing cash under this subsection in an equal amount for purposes of matching funds for state programs. The amount of such credit to be allowed shall be determined by the court.

B. The legislature shall annually appropriate to the supreme court an amount sufficient to carry out the state's obligation pursuant to this article and shall specify the maximum amount payable to each participating county which shall include a basic amount of money made available in equal amounts to each participating county and the remainder of the appropriation to be made available to each participating county based upon the percentage that each such county's juvenile population is to the total juvenile population of the participating counties.

Article 6 Children's Mental Health Services

§ 8-271 Definitions

In this article, unless the context otherwise requires:

"Dually adjudicated child" means a child who is found to be dependent or temporarily subject to court jurisdiction pending an adjudication of a dependency petition and who is alleged or found to have committed a delinquent or incorrigible act.
"Entity" means the department of child safety, the department of juvenile corrections or a child welfare agency that has been granted legal care, custody and control of a child by order of the juvenile court and that is responsible for securing inpatient psychiatric acute care services or residential treatment services for a child. Entity includes a probation department or juvenile detention center that either recommends or is ordered by the court to provide inpatient psychiatric acute care services or residential treatment services for a child.
"Inpatient assessment" includes all of the following:

(a) The observation of a child's behavior while the child is in an inpatient assessment facility.

(b) Psychological or psychiatric testing, if indicated.

(c) A determination as to whether a child needs inpatient psychiatric acute care services and whether inpatient psychiatric acute care services are the least restrictive available alternative.

(d) The administration of psychotropic medication and medication monitoring, if necessary to complete the assessment or to prevent the child from being a danger to self or others.

(e) A written report that summarizes the results of an inpatient assessment, including specific recommendations for follow-up care.

(f) A psychiatric or psychological assessment, including a clinical interview with a child.

(g) An explanation to a child of the least restrictive alternatives available to meet the child's mental health needs.

(h) A determination as to whether the child may be suffering from a mental disorder, is a danger to self or others or is a child with a persistent or acute disability or grave disability, as defined in section 36-501.

(i) A review of a child's medical, social and psychological records, if available.

"Level one behavioral health facility" means a behavioral health service agency that is licensed by the department of health services and that provides a structured treatment setting with twenty-four hour a day supervision and an intensive treatment program.
"Outpatient assessment" includes all of the following:

(a) A psychiatric or psychological assessment, including a clinical interview with a child.

(b) An explanation to a child of the least restrictive alternatives available to meet the child's mental health needs if determined at the time of the assessment.

(c) A determination as to whether the child may be suffering from a mental disorder, is a danger to self or others or is a child with a persistent or acute disability or grave disability.

(d) A review of a child's medical, social and psychological records, if available.

(e) A determination as to whether the child needs an inpatient assessment or inpatient psychiatric acute care services and whether an inpatient assessment or inpatient psychiatric acute care services are the least restrictive available alternative.

"Physician" means a person who is licensed pursuant to title 32, chapter 13 or 17.
"Psychiatric acute care facility" or "inpatient assessment facility" means a facility that is licensed by the department of health services as a level one behavioral health facility and that provides psychiatric acute care services.
"Psychiatric acute care services" means any of the following:

(a) Emergency or crisis behavioral health services.

(b) Psychiatric and psychological assessments and short-term intensive behavioral health counseling and treatment for acute episodes or mental disorders.

(c) Medication stabilization and twenty-four hour a day nursing care for a child who suffers from acute psychiatric or mental disorders or who needs to have a chronic mental illness stabilized.

"Psychiatrist" means a person who is licensed pursuant to title 32, chapter 13 or 17.
"Psychologist" means a person who is licensed pursuant to title 32, chapter 19.1.
"Residential treatment services" means services, other than psychiatric acute care services, that are provided by a level one behavioral health facility.

§ 8-272 Psychiatric acute care services; outpatient and inpatient assessments; definitions

A. If a child exhibits behavior that indicates the child may suffer from a mental disorder or is a danger to self or others, an entity may request that the child receive an outpatient assessment or inpatient assessment.

B. A psychologist, psychiatric and mental health nurse practitioner, psychiatrist or physician shall conduct an outpatient assessment at a time and place that is convenient for the psychologist, psychiatric and mental health nurse practitioner, psychiatrist or physician and the child. At the conclusion of the outpatient assessment, the psychologist, psychiatric and mental health nurse practitioner, psychiatrist or physician shall recommend that the child be either:

Provided with outpatient treatment services.
Admitted to a psychiatric acute care facility for inpatient assessment or inpatient psychiatric acute care services.
Provided with residential treatment services.
Discharged to the entity without further psychological or psychiatric services because the child does not suffer from a mental disorder, is not a danger to self or others or is not a child with a persistent or acute disability or grave disability.

C. A psychologist, psychiatric and mental health nurse practitioner, psychiatrist or physician shall conduct an inpatient assessment and provide the assessment to the entity within seventy-two hours after a child is admitted to an inpatient assessment facility, excluding weekends and holidays. At the conclusion of the inpatient assessment, the psychologist, psychiatric and mental health nurse practitioner, psychiatrist or physician shall recommend that the child be either:

Admitted to a psychiatric acute care facility for inpatient psychiatric acute care services.
Discharged to an entity and provided with outpatient treatment services.
Provided with residential treatment services.
Discharged to the entity without further psychological or psychiatric services because the child does not suffer from a mental disorder, is not a danger to self or others or is not a child with a persistent or acute disability or grave disability.

D. Within twenty-four hours after a child is admitted for an inpatient assessment, excluding weekends and holidays, the entity shall file a motion for approval of admission for inpatient assessment with the juvenile court. The motion shall include all of the following:

The name and address of the inpatient assessment facility.
The name of the psychologist, psychiatric and mental health nurse practitioner, psychiatrist or physician who is likely to perform the inpatient assessment.
The date and time the child was admitted to the inpatient assessment facility.
A short statement explaining why the child needs an inpatient assessment.

E. An entity that files a motion under subsection D of this section shall provide a copy of the motion to all of the parties and their attorneys. The court shall rule on the motion without response from any party, except that any party may request a hearing to review the child's admission for an inpatient assessment. If the court grants a hearing, the court shall set the hearing on an accelerated basis.

F. If the psychologist, psychiatric and mental health nurse practitioner, psychiatrist or physician who performed the outpatient assessment or inpatient assessment of the child recommends that the child receive inpatient acute care psychiatric services, the entity may file a motion for inpatient psychiatric acute care services with the juvenile court. If the psychologist, psychiatric and mental health nurse practitioner, psychiatrist or physician makes this recommendation after conducting an inpatient assessment, the entity shall file the motion for inpatient psychiatric acute care services not later than twenty-four hours after receiving the inpatient assessment, excluding weekends and holidays. The motion shall include all of the following:

A copy of the written report of the results of the inpatient assessment or outpatient assessment, including:

(a) The reason why inpatient psychiatric acute care services are in the child's best interests.

(b) The reason why inpatient psychiatric acute care services are the least restrictive available treatment.

(d) The estimated length of time that the child will require inpatient psychiatric acute care services.

A written statement from the medical director of the proposed inpatient psychiatric acute care facility or the medical director's designee that the facility's services are appropriate to meet the child's mental health needs.

G. As soon as practicable after the filing of a motion under subsection D or F of this section, the court shall appoint an attorney for the child if an attorney has not been previously appointed. The court may also appoint a guardian ad litem for the child.

H. If a motion is filed pursuant to subsection F of this section, the court shall hold a hearing on the motion within seventy-two hours after the motion is filed, excluding weekends and holidays. If the child has been admitted for an inpatient assessment, the child may remain at the inpatient assessment facility until the court rules on the motion.

I. If a child is admitted for an inpatient assessment and an entity fails to file a motion pursuant to and within the time limit prescribed in subsection F of this section, the child shall be discharged from the inpatient assessment facility.

J. If the court approves the admission of the child for inpatient psychiatric acute care services, the court shall find by clear and convincing evidence that both:

The child is suffering from a mental disorder or is a danger to self or others and requires inpatient psychiatric acute care services.
Available alternatives to inpatient psychiatric acute care services were considered, but that inpatient psychiatric acute care services are the least restrictive available alternative.

K. The court shall review the child's continuing need for inpatient psychiatric acute care services at least every sixty days after the date of the treatment order. The inpatient psychiatric acute care facility shall submit a progress report to the court at least five days before the review and shall provide copies of the progress report to all of the parties, including the child's attorney and guardian ad litem. On its own motion or on the motion of a party, the court may hold a hearing on the child's continuing need for inpatient psychiatric acute care services. If requested by the child, the court shall hold a hearing unless the court has held a review hearing within sixty days before the child's request. If requested by the child, the court may hold a hearing at any time for good cause shown. The progress report shall make recommendations and shall include at least the following:

The nature of the treatment provided, including any medications and the child's current diagnosis.
The child's need for continued inpatient psychiatric acute care services, including the estimated length of the services.
A projected discharge date.
The level of care required by the child and the potential placement options that are available to the child on discharge.
A statement from the medical director of the inpatient psychiatric acute care facility or the medical director's designee as to whether inpatient psychiatric acute care services are necessary to meet the child's mental health needs and whether the facility that is providing the inpatient psychiatric acute care services to the child is the least restrictive available alternative.

L. If a child is transferred from an inpatient psychiatric acute care facility to another inpatient psychiatric acute care facility, no new inpatient assessment or outpatient assessment is required. Unless the court orders otherwise due to an emergency, an entity shall file a notice of transfer with the juvenile court at least five days before the transfer of the child. The notice shall include all of the following:

The name and address of the facility to which the child is being transferred and the date of the transfer.
A statement from the medical director of the receiving inpatient psychiatric acute care facility or the medical director's designee that the receiving facility is an appropriate facility to meet the child's mental health needs and that it is the least restrictive available alternative.
A statement that the entity has contacted the child's attorney or guardian ad litem and whether the child or the child's attorney or guardian ad litem opposes the transfer.

M. Any party may request a hearing to review the transfer of a child to another inpatient psychiatric acute care facility pursuant to subsection L of this section.

N. Within fifteen days after a child is discharged, the inpatient psychiatric acute care facility shall prepare a discharge summary. Within twenty days after a child is discharged, an entity shall file a notice of discharge with the juvenile court. The notice shall include:

A statement of the child's current placement.
A statement of the mental health services that are being provided to the child and the child's family.
A copy of the discharge summary that is prepared by a mental health professional.

O. When possible, the child's attorney shall communicate with the child within twenty-four hours after a motion is filed pursuant to subsection D or F of this section, excluding weekends and holidays. The child's attorney shall discuss treatment recommendations and shall advise the child of the child's right to request a hearing. The child's attorney or designee shall attend all court hearings related to the child's inpatient assessment or inpatient psychiatric acute care services and shall be prepared to report to the court the child's position on any recommended assessments or treatment. The child may attend any hearing unless the court finds by a preponderance of the evidence that allowing the child to attend would not be in the child's best interests.

P. If the child is a dually adjudicated child, the entity that requests an order for inpatient psychiatric acute care services shall notify any other entity of all notices, motions, hearings or other proceedings related to the provision of inpatient psychiatric acute care services. Any entity may attend and participate in all hearings or other proceedings relating to the provision of inpatient psychiatric acute care services to a dually adjudicated child.

Q. Section 8-273 applies if residential treatment services are recommended after an inpatient assessment or outpatient assessment or any inpatient psychiatric acute care treatment. Section 8-341.01 applies if a child who is adjudicated delinquent or incorrigible and who is subject to the jurisdiction of the juvenile court requires residential treatment services. Section 41-2815 applies if a child who is committed to the department of juvenile corrections requires residential treatment services.

R. Information and records that are obtained or created in the course of any assessment, examination or treatment are subject to the confidentiality requirements of section 36-509, except that information and records may be provided to the department of juvenile corrections pursuant to section 8-341.

S. For the purposes of this section:

"Child" means a person who is under eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, under nineteen years of age and who is either:

(a) Found to be dependent or temporarily subject to court jurisdiction pending an adjudication of a dependency petition.

(b) In the temporary custody of the department pursuant to section 8-821.

(d) Committed to the department of juvenile corrections.

(e) Found to be delinquent and subject to probation supervision.

"Psychiatric and mental health nurse practitioner" has the same meaning prescribed in section 36-501.

§ 8-273 Residential treatment services; definition

A. If a child exhibits behavior that indicates the child may suffer from a mental disorder or if it is recommended as a result of an outpatient assessment or inpatient assessment pursuant to section 8-272 that a child receive residential treatment services, an entity may file a motion requesting that the juvenile court order a child to receive residential treatment services. If the motion states that all parties, including counsel for the child, have been contacted and are in agreement, the court is not required to set a hearing on the motion.

B. A motion for residential treatment services shall be supported by a written psychological, psychiatric or medical assessment recommending residential treatment services. The court may waive the written assessment on a finding of good cause. The written assessment shall include at least the following:

The reason why residential treatment services are in the child's best interests.
The reason why residential treatment services are the least restrictive treatment available.
The reason why the child's behavioral, psychological, social or mental health needs require residential treatment services.
The estimated length of time that the child will require residential treatment services.

C. A motion for residential treatment services shall be supported by a written statement from the medical or clinical director of the residential treatment facility or the director's designee that the facility's services are appropriate to meet the child's needs.

D. As soon as practicable after an entity files a motion under subsection A of this section, the court shall appoint an attorney for the child if an attorney has not been previously appointed. The court may also appoint a guardian ad litem for the child.

E. The child's attorney shall discuss the treatment recommendations with the child. The child's attorney or designee shall attend all court hearings related to the child's placement in a residential treatment facility and shall be prepared to report to the court on the child's position regarding any recommendations or requests related to the provision of residential treatment services. The child may appear at any hearing, unless the court finds by a preponderance of the evidence that allowing the child to attend the hearing would not be in the child's best interests.

F. If the court orders a child to receive residential treatment services, the court shall find by clear and convincing evidence that both:

The child requires residential treatment services to address the child's behavioral, psychological, social or mental health needs.
Available alternatives to residential treatment services were considered, but that residential treatment services are the least restrictive available alternative.

G. The court shall review the child's continuing need for residential treatment services at least every sixty days from the date of the treatment order. The residential treatment facility shall submit a progress report to the court at least five days before the review and shall provide copies of its report to all of the parties, including the child's attorney and guardian ad litem. The progress report shall include the recommendations of the child's treatment facility and shall include at least the following:

The nature of the treatment provided, including any medications and the child's current diagnosis.
The child's need for continued residential treatment services, including the estimated length of the services.
A projected discharge date.
The level of care required by the child and the potential placement options that are available to the child on discharge.
A statement from the medical or clinical director of the residential treatment services facility or the director's designee as to whether residential treatment services are necessary to meet the child's needs and whether the facility that is providing the residential treatment services to the child is the least restrictive available alternative.

H. On its own motion or on the motion of a party, the court may schedule a hearing concerning the child's continuing need for residential treatment services. If requested by the child, the court shall schedule a hearing unless the court has held a review hearing within sixty days before the child's request. If requested by the child, the court may hold a hearing at any time for good cause shown.

I. If the child is a dually adjudicated child, the entity that requests an order for residential treatment services shall notify any other entity of all notices, motions, hearings or other proceedings related to the provision of residential treatment services. Any entity may attend and participate in all hearings or other proceedings relating to the provision of residential treatment services to a dually adjudicated child.

J. Information or records that are obtained or created pursuant to any assessment, examination or treatment are subject to the confidentiality requirements of section 36-509, except that information and records may be provided to the department of juvenile corrections pursuant to section 8-341.

K. This section does not apply to a child who is either:

Committed to the department of juvenile corrections. Section 41-2815 applies if a child who is committed to the department of juvenile corrections requires residential treatment services.
Adjudicated delinquent or incorrigible and who is subject to the jurisdiction of the juvenile court. Section 8-341.01 applies if a child who is adjudicated delinquent or incorrigible and who is subject to the jurisdiction of the juvenile court requires residential treatment services.

L. For the purposes of this section, "child" means a person who is under eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, under nineteen years of age and who is either:

Found to be dependent or temporarily subject to court jurisdiction pending an adjudication of a dependency petition.
In the temporary custody of the department pursuant to section 8-821.

Article 8 Juvenile Competency

§ 8-291 Definitions

In this article, unless the context otherwise requires:

"Clinical liaison" means a mental health expert or another individual who has experience and training in mental health or developmental disabilities and who is qualified and appointed by the court to aid in coordinating the treatment or training of juveniles who are found incompetent to stand trial. If developmental disability is an issue, the clinical liaison shall be an expert in developmental disability.
"Incompetent" means a juvenile who does not have sufficient present ability to consult with the juvenile's lawyer with a reasonable degree of rational understanding or who does not have a rational and factual understanding of the proceedings against the juvenile. Age alone does not render a person incompetent.
"Juvenile" means a person who is under eighteen years of age at the time the issue of competency is raised.
"Mental health expert" means a physician who is licensed pursuant to title 32, chapter 13 or 17 or a psychologist who is licensed pursuant to title 32, chapter 19.1 and who is all of the following:

(a) Familiar with this state's competency standards and statutes.

(b) Familiar with the treatment, training and restoration programs that are available in this state.

§ 8-291.01 Effect of incompetency; request for examination

A. A juvenile shall not participate in a delinquency, incorrigibility or criminal proceeding if the court determines that the juvenile is incompetent to proceed.

B. At any time after the filing of a petition for delinquency or incorrigibility or a petition that seeks to transfer a juvenile to adult court, a party may request in writing or the court on its own motion may order that the juvenile be examined to determine if the juvenile is competent. The request shall state the facts in support of the request for a competency examination. The presence of a mental illness, defect or disability alone is not grounds for finding a juvenile incompetent. The court shall not order a juvenile who is under the jurisdiction of the juvenile court to participate in a treatment program for the restoration of competency unless the court made a prior finding of probable cause pursuant to rule 3(f), rules of procedure for the juvenile court.

§ 8-291.02 Expert appointment; costs; immunity

A. If the court determines that grounds exist for a competency examination, the court shall appoint two or more mental health experts. The mental health experts shall examine the juvenile, issue a report and, if necessary, testify regarding the juvenile's competency. The court, on its own motion or upon motion of any party, may order that one of the mental health experts appointed shall be a physician specializing in psychiatry and licensed pursuant to title 32, chapter 13 or 17. The state and the juvenile, upon approval of the court, may stipulate to the appointment of only one expert.

B. The court may order the juvenile to submit to any physical, neurological or psychological examination, if necessary, to adequately determine the juvenile's mental condition.

C. The county shall pay the costs of any examination that is ordered pursuant to subsection B, except that if a municipal court judge refers a case, the political subdivision shall pay the costs of the examination.

D. This section does not prohibit any party from retaining the party's own expert to conduct additional examinations at the party's own expense.

E. A person who is appointed as a mental health expert or a clinical liaison is immune from liability for acts or omissions pursuant to this section, except that the mental health expert or clinical liaison may be liable for intentional, wanton or grossly negligent acts that are done in the performance of the expert's or liaison's duties.

§ 8-291.03 Screening report

A. After the court determines that reasonable grounds exist to support the plea of insanity, the court or any party, with the consent of the juvenile, may request that the mental health expert provide a screening report. The screening report shall include both:

The mental status of the juvenile at the time of the offense.
If the mental health expert determines that the juvenile suffered from a mental disease, defect or disability at the time of the offense, the relationship of the disease, defect or disability to the alleged offense.

B. If the juvenile's state of mind at the time of the offense will be included in the examination, counsel for the juvenile shall provide the available juvenile court, medical and educational records to the court. The court shall not appoint the expert to address the issue until the court receives the records.

C. Within ten working days after the mental health expert is appointed, the parties shall provide any of the juvenile’s additional medical or criminal history records that are requested by the court or the mental health expert.

§ 8-291.04 Examination; competency to stand trial

A. The court shall set and may change the conditions under which the examination of competency to stand trial is conducted.

B. Within three working days after the motion is granted and the mental health experts are appointed, the parties shall provide all of the juvenile’s available medical and criminal history records to the appointed mental health experts.

C. The defense attorney shall be available to the mental health expert who conducts the examination.

D. A proceeding to determine if a juvenile is competent to stand trial shall not delay a judicial determination of the juvenile’s eligibility for preadjudication release. Unless the court determines that a juvenile’s preadjudication detention is necessary for the evaluation process, a juvenile who is otherwise entitled to release shall not be involuntarily confined or detained solely because the issue of the juvenile’s competence to stand trial has been raised and an examination has been ordered.

E. If a juvenile is granted preadjudication release, the court may order the juvenile to appear at a designated time and place for an outpatient examination. The court may make the juvenile’s appearance a condition of the juvenile’s preadjudication release from detention.

F. The court may order that the juvenile be involuntarily detained until the examination is completed if the court determines that any of the following applies:

The juvenile will not submit to an outpatient examination as a condition of release.
The juvenile refuses to appear for an examination.
An adequate examination is impossible without the detention of the juvenile.

G. If a juvenile is detained or committed for an inpatient examination, the length of the detention or commitment shall not exceed the period of time that is necessary for the examination. The detention or commitment for examination shall not exceed thirty days, except that the detention or commitment may be extended by fifteen days if the court finds that extraordinary circumstances exist. The county shall pay the costs of an inpatient examination, except that if a municipal court judge orders the inpatient examination, the political subdivision shall pay the costs of the examination.

§ 8-291.05 Misdemeanor charges; dismissal; notice

A. If the court finds that a juvenile has been adjudicated incompetent to stand trial within the past year, the court may hold a hearing to dismiss any misdemeanor charge against the juvenile if the juvenile continues to be incompetent to stand trial. The court shall give ten days' notice of the hearing to the prosecutor and the juvenile. On receipt of this notice, the prosecutor shall notify the victim of the hearing.

B. If a misdemeanor charge is dismissed pursuant to this section, the court may order the initiation of civil commitment proceedings or may appoint a guardian ad litem to proceed with a dependency investigation.

§ 8-291.06 Privilege against self-incrimination; sealed reports

A. The privilege against self-incrimination applies to any examination or to any statement that is made to restoration personnel during the course and scope of a court ordered restoration program.

B. Any evidence or statement that is obtained during an examination or any evidence or statement that is made to restoration personnel during the course and scope of a restoration program is not admissible in any proceeding to determine the juvenile's guilt or innocence unless the juvenile presents evidence that is intended to rebut the presumption of sanity.

C. Any statement that a juvenile makes during any examination, any statement that a juvenile makes to restoration personnel during the course and scope of a restoration program or any evidence resulting from the statement concerning any other event or transaction is not admissible in any proceeding to determine the juvenile's guilt or innocence of any other charges that are based on those events or transactions.

D. Any statement that the juvenile makes during an examination, any part of the evaluations that is obtained during an examination or any statements that the juvenile makes to restoration personnel during the course and scope of a restoration program may not be used for any purpose without either:

The written consent of the juvenile or the juvenile's guardian.
A court order that is entered by the court that ordered the examination or that is conducting a dependency or severance proceeding.

E. After an admission or adjudication of delinquency or after the juvenile is found to be unable to be restored to competence, the court shall order all of the reports that are submitted pursuant to this article to be sealed. The court may order that the reports be opened only as follows:

For use by the court or juvenile, or by the prosecutor if otherwise permitted by law, for further competency or sanity evaluations.
For statistical analysis.
When the records are deemed to be necessary to assist in mental health treatment pursuant to this article or section 13-502.
For use by the probation department, the state department of corrections if the juvenile is in the custody of or is scheduled to be transferred into the custody of the state department of corrections or the department of juvenile corrections for the purposes of assessment and supervision or monitoring of the juvenile by that department.
For use by a mental health treatment provider that provides treatment to the juvenile or that assesses the juvenile for treatment.
For data gathering.
For scientific study.

F. If the court orders reports to be open for the purposes of statistical analysis, data gathering or scientific study pursuant to subsection E of this section, the reports shall be anonymous.

G. Any statement that a juvenile makes during an examination, any statement that a juvenile makes to restoration personnel during the course and scope of a restoration program or any evidence resulting from that statement is not subject to disclosure pursuant to section 36-509.

§ 8-291.07 Mental health expert reports

A. A mental health expert shall submit a written report of the examination to the court within ten working days after the examination. The mental health expert shall file the report with the clerk of the court. The clerk shall seal and file the original report. The mental health expert shall provide a copy of the report to the defense attorney for redaction. Within twenty-four hours after the defense attorney receives a copy of the report, the defense attorney shall provide copies of the redacted report to the state and the court.

B. The report shall include at least the following information:

The name of the mental health expert who examined the juvenile.
A description of the nature, content, extent and results of the examination and any test that was conducted.
The facts on which the findings are based.
An opinion as to the competency of the juvenile.

C. If the mental health expert determines that the juvenile is incompetent to stand trial, the report shall also include the following information:

The nature of any mental disease, defect or disability that is the cause of the juvenile’s incompetency.
The juvenile’s prognosis.
If the mental health expert believes that the juvenile may be restored to competency, what in the expert’s opinion is needed to restore the juvenile to competency and whether restoration can be accomplished in six months or less.
If the juvenile is currently receiving medication, how the medication might affect the juvenile in the process.

D. If the mental health expert determines that the juvenile is currently competent because of ongoing treatment with psychotropic medication, the report shall address the necessity of continuing that treatment and shall include a description of any limitations that the medication may have on competency.

§ 8-291.08 Competency hearings; restoration orders

A. Within thirty days after a report is filed pursuant to section 8-291.07, the court shall hold a hearing to determine if a juvenile is competent to stand trial. The parties may introduce other evidence regarding the juvenile’s mental condition or may submit the matter by written stipulation on the mental health expert’s report or reports.

B. If the court finds that the juvenile is competent to stand trial, the proceedings shall continue without delay.

C. If the court initially finds that the juvenile is incompetent but may be restored to competency, the court shall order that the juvenile undergo an attempt at restoration to competency.

D. If the court initially finds that the juvenile is incompetent and there is not a substantial probability that the juvenile will be restored to competency within two hundred forty days, the court shall dismiss the matter with prejudice and shall initiate civil commitment proceedings, if appropriate. The court may appoint a guardian ad litem to proceed with a dependency investigation.

E. All restoration orders that are issued by the court shall specify the following:

The name of the restoration program provider and the location of the program.
Transportation to the program site.
The length of the restoration program.
Transportation after the program ends.
The frequency of reports.

§ 8-291.09 Restoration order; commitment

A. The court may order a juvenile to participate in an outpatient or inpatient competency restoration program or may commit the juvenile for competency restoration to the state hospital or another facility. The juvenile court shall approve all competency restoration programs. In determining the type and location of the program, the court shall select the least restrictive alternative after making a finding of probable cause and considering the following:

If confinement is necessary for program participation.
If the juvenile meets the civil commitment criteria under title 36, chapter 5.

B. The court may appoint a guardian ad litem for a juvenile who is ordered to participate in an inpatient or outpatient program pursuant to this section. The guardian ad litem shall both:

Coordinate the continuity of care following restoration.
In cooperation with the restoration program, advise the court on matters relating to the appropriateness of the form and location of the program and, on request of the court, shall submit a written report. The court shall distribute copies of any report to the prosecutor and the defense attorney. The privilege against self-incrimination applies to all reports and communications with the juvenile.

C. An order entered pursuant to this section shall state if the juvenile is incompetent to refuse treatment pursuant to section 13-4511, including medication.

D. The state shall pay the costs of an inpatient competency restoration program at the state hospital until either:

Ten days, excluding Saturdays, Sundays or other legal holidays, after the hospital submits a report to the court stating that the juvenile has regained competence or that there is no substantial probability that the juvenile will regain competency within six months after the date of the original finding of incompetency.
The restoration order expires.
Seven days, excluding Saturdays, Sundays or other legal holidays, after the charges are dismissed.

E. The state shall pay the costs of a restoration program for a juvenile who is a ward of the court unless the court orders otherwise. If the court orders otherwise, the county shall pay the costs of the restoration program, or if the proceeding arises out of municipal court, the political subdivision shall pay the costs of the restoration program.

F. A restoration order that is issued pursuant to this section is valid for one hundred eighty days from the date of the initial finding of incompetency or until one of the following occurs, whichever occurs first:

The restoration program submits a report that the juvenile has regained competency or that there is no substantial probability that the juvenile will regain competency within the period of the order.
The charges are dismissed.
The juvenile reaches eighteen years of age.

§ 8-291.10 Reports; hearings

A. The mental health expert who consults with the restoration program shall submit a written report to the court before any hearing that is held pursuant to this section. The clerk of the court shall seal and file the original report. The mental health expert shall provide a copy of the report to the defense attorney for redaction. Within twenty-four hours after receiving a copy of the report, the defense attorney shall provide copies of the redacted report to the state and the court. A report shall be filed as follows:

Every sixty days.
Whenever the mental health expert believes the juvenile is competent to proceed.
Whenever the mental health expert believes that there is no substantial probability that the juvenile will regain competency before the expiration of the order for participation in a competency restoration program.
Fourteen days before the expiration of the maximum term of the restoration order.

B. The report shall include the mental health expert's findings and the information required under section 8-291.07. If the report states that the juvenile remains incompetent, the report shall state the likelihood that the juvenile will regain competency, an estimated time period for the restoration of competency and recommendations for program modification, if necessary. If the report states that the juvenile has regained competency, the report shall state the effect, if any, of any limitations that are imposed by any medications used in the effort to restore the juvenile’s competency.

C. The court may hold a hearing regarding a juvenile's progress toward competency on the request of the prosecutor, the defense attorney or the guardian ad litem.

D. Except as provided in subsection C of this section, the court shall hold a hearing to determine the juvenile’s progress towards regaining competency as follows:

On the court’s own motion.
On receipt of a report that is submitted by the restoration program pursuant to subsection A of this section.
Not less than three months before the juvenile’s eighteenth birthday.

E. If at the hearing conducted pursuant to subsection D of this section the court finds that the juvenile has regained competency, the juvenile shall be returned to the juvenile court and the proceedings against the juvenile shall continue in juvenile court without delay.

F. If at a hearing based on a report that is filed pursuant to subsection A, paragraph 4 of this section the juvenile court finds that the juvenile has not been restored to competency but that the juvenile has made substantial progress toward restoration to competency, the court may extend the restoration program period for an additional sixty days for good cause if the court determines by clear and convincing evidence that further participation will lead to restoration to competency.

G. If at a hearing that is held pursuant to subsection D, paragraph 3 of this section the court finds that the juvenile is not restored to competency and is not restorable within the time left before the juvenile’s eighteenth birthday, the court shall dismiss the charges with prejudice if the offense is a misdemeanor, may dismiss the charges with prejudice if the offense is not an offense listed in section 13-501, subsection A or B or shall dismiss the charges without prejudice if the offense is an offense listed in section 13-501, subsection A or B.

H. If at a hearing that is held pursuant to subsection C or subsection D, paragraph 1 or 2 of this section the court finds that the juvenile is incompetent to proceed and that there is not a substantial probability that the juvenile will regain competency within two hundred forty days after the date of the original finding of incompetency, the court shall dismiss the charges with prejudice and shall initiate civil commitment proceedings, if appropriate. The court shall order the guardian ad litem to proceed with a dependency investigation.

§ 8-291.11 Records

The court and the department of health services shall keep records of the offenses for which a juvenile was charged, any court ordered examination and treatment outcomes.

Chapter 3 Juvenile Offenders

Article 1 General Procedures for Delinquency and Incorrigibility Proceedings

§ 8-301 Commencement of proceedings

A proceeding under this chapter may be commenced by one of the following procedures:

By transfer of a case from another court as provided in section 8-302.
By the filing of a petition by the county attorney.
For an offense other than a felony, by the referral of a uniform Arizona traffic ticket and complaint form.

§ 8-302 Transfer between juvenile and criminal courts

A. If during the pendency of a criminal charge in any court of this state the court determines that the defendant is a juvenile who is not subject to prosecution as an adult pursuant to section 13-501, the court shall transfer the case to the juvenile court, together with all of the original accusatory pleadings and other papers, documents and transcripts of any testimony relating to the case. On transfer, the court shall order that the defendant be taken to a place of detention designated by the juvenile court or to that court itself or shall release the juvenile to the custody of the juvenile's parent or guardian or any other person legally responsible for the juvenile. If the juvenile is released to the juvenile's parent or guardian or any other person legally responsible for the juvenile, the court shall require that the parent, guardian or other person bring the juvenile to appear before the juvenile court at a designated time. The juvenile court shall then proceed with all further proceedings as if a petition alleging delinquency had been filed with the juvenile court under section 8-301 on the effective date of the transfer. This subsection does not apply to a juvenile who is subject to prosecution pursuant to section 13-501 but who is convicted of an offense not listed in section 13-501.

B. If during the pendency of a criminal charge in any court of this state the court determines that the defendant is a juvenile who is subject to prosecution as an adult pursuant to section 13-501, subsection B, on motion of the prosecutor the court shall transfer the case to the juvenile court, together with all of the original accusatory pleadings and other papers, documents and transcripts of any testimony relating to the case. On transfer, the court shall order that the juvenile be taken to a place of detention designated by the juvenile court or to that court itself or shall release the juvenile to the custody of the juvenile's parent or guardian or any other person legally responsible for the juvenile. If the juvenile is released to the juvenile's parent or guardian or any other person legally responsible for the juvenile, the court shall require that the parent, guardian or other person bring the juvenile to appear before the juvenile court at a designated time. The juvenile court shall then proceed with all further proceedings as if a petition alleging delinquency had been filed with the juvenile court under section 8-301 on the effective date of the transfer.

C. During the pendency of a delinquency action in any court of this state, on the motion of the prosecution and before the adjudication hearing, the court shall dismiss without prejudice any count in the petition charging an offense for which the juvenile is subject to prosecution as an adult pursuant to section 13-501 to allow criminal charges to be filed.

D. If a juvenile reaches eighteen years of age during the pendency of a delinquency action or before completion of the sentence in any court in this state for an act that if committed by an adult would be a misdemeanor or petty offense or a civil traffic violation, the court shall transfer the case to the appropriate criminal court, together with all of the original accusatory pleadings and other papers, documents and transcripts of any testimony relating to the case and any sentencing order. The appropriate criminal court shall then proceed with all further proceedings as if a uniform Arizona traffic ticket and complaint form or a complaint alleging a misdemeanor or petty offense or a civil traffic violation had been filed with the appropriate criminal court pursuant to section 13-3903 or the Arizona rules of criminal procedure, the rules of procedure in traffic cases or the rules of procedure in civil traffic violation cases.

§ 8-303 Taking into temporary custody; interference; release; separate custody; violation; classification

A. Except as provided in section 8-305, a juvenile taken into temporary custody shall not be detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained.

B. A child shall be taken into temporary custody:

Pursuant to an order of the juvenile court.
Pursuant to a warrant issued according to the laws of arrest.

C. A juvenile may be taken into temporary custody:

By a peace officer pursuant to the laws of arrest, without a warrant, if there are reasonable grounds to believe that the juvenile has committed a delinquent act or the child is incorrigible.
By a peace officer if there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian.
By a private person as provided by section 13-3884.

D. A peace officer shall take a juvenile into temporary custody pursuant to the laws of arrest, with or without a warrant, when there are reasonable grounds to believe that either:

The juvenile has committed a criminal act or a delinquent act which if committed by an adult could be a felony or breach of the peace.
The juvenile has been apprehended in commission of a criminal act or a delinquent act, which if committed by an adult would be a felony, or in fresh pursuit.

E. A peace officer who takes a juvenile into temporary custody pursuant to subsection D of this section shall advise the juvenile before questioning of the juvenile's juvenile Miranda rights in language that is comprehensible to a juvenile and, as soon as is practicable, shall make a good faith effort to notify the juvenile's parents, guardian or custodian of the juvenile's custody, unless doing so would pose a risk to the juvenile. After making the custody notification, the peace officer shall also advise the juvenile's parents, guardian or custodian of the juvenile's juvenile Miranda rights. If the juvenile is a ward of this state, the peace officer shall notify the department of child safety, which shall notify the applicable public defender, any guardian ad litem or a court appointed special advocate of the juvenile's custody.

F. If a peace officer takes a juvenile into temporary custody pursuant to subsection D of this section on school property, an employee of the school, after consultation with the investigating law enforcement agency to ensure that notification would not pose a risk to the juvenile or the investigation, shall immediately notify the juvenile's parents, guardian or custodian of the juvenile's custody. If the juvenile is a ward of this state, a school employee shall notify the department of child safety, which shall notify the applicable public defender, any guardian ad litem or a court appointed special advocate of the juvenile's custody. For the purposes of this subsection, "school" has the same meaning prescribed in section 15-101.

G. A juvenile who is taken into temporary custody pursuant to subsection D of this section may be released from temporary custody only to the parents, guardian or custodian of the juvenile or to the juvenile court.

H. A person who knowingly interferes with the taking of a juvenile into temporary custody under this section is guilty of a class 2 misdemeanor.

I. In determining whether a child should be taken into custody under subsection C of this section, the peace officer or child safety worker may consider as a mitigating factor the participation of the parent, guardian or custodian in the healthy families program established by section 8-481.

§ 8-304 Investigation of alleged acts of delinquency, dependency and incorrigibility

A. The law enforcement officer having jurisdiction in the place in which an act of delinquency or incorrigibility is alleged to have occurred is responsible for the complete investigation surrounding the alleged commission of the act.

B. A department investigator is responsible for the complete investigation of all complaints of alleged dependency, and a criminal conduct allegation shall be investigated in cooperation with the appropriate law enforcement agencies and according to the protocols established pursuant to section 8-817. The department shall be responsible for the disposition of such child unless the matter requires the intervention of the court.

§ 8-305 Detention center; jail; separate custody; definition

A. The county board of supervisors or the county jail district, if authorized pursuant to title 48, chapter 25, shall maintain a detention center that is separate and apart from a jail or lockup in which adults are confined and where juveniles who are alleged to be delinquent or children who are incorrigible and within the provisions of this article shall be detained when necessary before or after a hearing or as a condition of probation. A juvenile who is charged with an offense that is listed in section 13-501 may be detained in a juvenile detention center if the court orders the detention. The board may enter agreements with public or private entities to acquire land for, build, purchase, lease-purchase, lease or expand a detention center required by this section.

B. The board of supervisors or the county jail district, if authorized pursuant to title 48, chapter 25, may provide for the detention of juveniles who are accused or convicted of a criminal offense in a jail or lockup in which adults are confined. A juvenile who is confined in a jail or lockup in which adults are confined shall be kept in a physically separate section from any adult who is charged with or convicted of a criminal offense, and no sight or sound contact between the juvenile and any charged or convicted adult is allowed, except to the extent authorized under federal laws or regulations.

C. A juvenile, pending a juvenile hearing, shall not be confined with adults charged with or convicted of a crime, except that:

A juvenile who is accused of a criminal offense or who is alleged to be delinquent may be securely detained in such location for up to six hours until transportation to a juvenile detention center can be arranged if the juvenile is kept in a physically separate section from any adult who is charged with or convicted of a crime and no sight or sound contact between the juvenile and any charged or convicted adult is allowed, except to the extent authorized under federal laws or regulations.
A juvenile who is transferred as provided in section 8-327 to the criminal division of the superior court may be securely detained if the juvenile is kept in a physically separate section from any adult charged with or convicted of a crime, and no sight or sound contact with any charged or convicted adult is allowed, except to the extent authorized under federal laws or regulations.
A juvenile who is arrested for an offense listed in section 13-501 may be detained in a juvenile detention center until formally charged as an adult if the court orders the detention. After a juvenile has been formally charged as an adult the juvenile may be either of the following:

(a) Detained in a juvenile detention center.

(b) Securely detained in an adult facility if the juvenile is detained separately from any adult charged with or convicted of a crime, except to the extent authorized under federal laws or regulations.

D. In determining whether to order that a juvenile who is charged with an offense that is listed in section 13-501 be detained in a juvenile detention center or an adult facility pursuant to subsection A or subsection C, paragraph 3, subdivision (a) of this section, the court shall consider all of the following:

The best interests of both the juvenile charged as an adult and the other juveniles detained in the juvenile detention center.
The juvenile's age.
The juvenile's physical and mental maturity.
The juvenile's present mental state, including whether the juvenile presents an imminent risk of harm to the juvenile.
The nature and circumstances of the alleged offense.
The juvenile's history of prior delinquent acts.
The relative ability of the available adult and juvenile detention facilities to meet the specific needs of the juvenile and to protect the safety of the public as well as other detained juveniles.
The existing programs and facilities for juveniles at both the juvenile detention center and the adult facility.
Any other factor relevant to the determination of where to detain the juvenile.

E. The director of juvenile court services in the county in which the juvenile is detained may file a motion in the juvenile's criminal case that requests a juvenile who is charged with an offense listed in section 13-501 be transferred to an adult facility based on the juvenile's conduct while in detention. On the director's request for the juvenile's transfer, the court shall hold a hearing to consider the transfer. At the hearing, the court shall consider all of the factors listed in subsection D of this section.

F. A child who is alleged to be delinquent or who is alleged to be incorrigible shall not be securely detained in a jail or lockup in which adults charged with or convicted of a crime are detained. A child may be nonsecurely detained if necessary to obtain the child's name, age, residence or other identifying information for up to six hours until arrangements for transportation to any shelter care facility, home or other appropriate place can be made. A child who is nonsecurely detained shall be detained separately from any adult charged with or convicted of a crime, and no sight or sound contact with any charged or convicted adult is permitted, except to the extent authorized under federal laws or regulations.

G. Any detained juvenile or child who, by the juvenile's or child's conduct, endangers or evidences that the juvenile or child may endanger the safety of other detained children shall not be allowed to intermingle with any other juvenile or child in the detention center.

H. Pursuant to section 8-322, the county board of supervisors, the county jail district board of directors or the administrative office of the courts on behalf of the juvenile court may enter into an agreement with public or private entities to provide the detention centers required by subsection A of this section.

I. For the purposes of this section, "juvenile" includes a person who is under the jurisdiction of the juvenile court pursuant to section 8-202, subsection H.

§ 8-306 Supervision and inspection of juvenile detention center and shelter care facilities

A. The presiding judge of the juvenile court shall supervise the juvenile detention center and may appoint a person of good moral character to operate and manage the detention center.

B. The department of juvenile corrections shall inspect the detention centers of each county semiannually and within ten working days after each inspection shall make a written report to the presiding judge of the juvenile court of the condition and operation of the detention center, together with such recommendations as it deems advisable, and a copy of such report shall be filed with the county board of supervisors.

§ 8-307 Delinquency hearings; required attendance of cited child; referring to youth service bureau; notification of parents

A. Notwithstanding any other provision of law to the contrary, any child, ten years of age or older, against whom a complaint has been filed citing the commission of a delinquent act shall appear at the juvenile court at a time certain set by the juvenile court. When the offense alleged is a misdemeanor other than assault or battery and is the child's first offense according to juvenile court records, the juvenile court may, in its sole discretion, refer the child to a youth service bureau or similar counseling program or make the complaint a matter of record in lieu of the child appearing at the juvenile court.

B. The law enforcement agency making the complaint shall immediately notify the parents, guardian or custodian of the child that the complaint is being sent to the juvenile court. Failure to make such notification shall not bar any proceeding in any court.

§ 8-308 Required attendance of parent, legal guardian or custodian in court; contempt

A. The parent, legal guardian or custodian of a juvenile or child against whom a petition has been filed alleging the commission of a delinquent or incorrigible act shall be served with a notice to appear and shall appear with the juvenile or child at the juvenile court at the time set by the juvenile court. Upon a showing of good cause that the parent, guardian, or custodian cannot appear on the date and time set by the court, the court may waive the requirement that the parent, guardian or custodian appear. The court shall state on the record the reasons for waiving the requirement that the parent, guardian or custodian appear. Failure of a parent, guardian or custodian to appear shall not bar further proceedings by the court.

B. If a parent, legal guardian or custodian fails to appear with the juvenile or child in juvenile court, and good cause for the failure to appear is not found as provided in subsection A of this section, the court shall issue an order to show cause to the parent, legal guardian or custodian as to why that person shall not be held in contempt.

§ 8-309 Unlawful use of an electronic communication device by a minor; classification; definitions

A. It is unlawful for a juvenile to intentionally or knowingly use an electronic communication device to transmit or display a visual depiction of a minor that depicts explicit sexual material.

B. It is unlawful for a juvenile to intentionally or knowingly possess a visual depiction of a minor that depicts explicit sexual material and that was transmitted to the juvenile through the use of an electronic communication device.

C. It is not a violation of subsection B of this section if all of the following apply:

The juvenile did not solicit the visual depiction.
The juvenile took reasonable steps to destroy or eliminate the visual depiction or report the visual depiction to the juvenile's parent, guardian, school official or law enforcement official.

D. A violation of subsection A of this section is a petty offense if the juvenile transmits or displays the visual depiction to one other person. A violation of subsection A of this section is a class 3 misdemeanor if the juvenile transmits or displays the visual depiction to more than one other person.

E. A violation of subsection B of this section is a petty offense.

F. Any violation of this section that occurs after adjudication for a prior violation of this section or after completion of a diversion program as a result of a referral or petition charging a violation of this section is a class 2 misdemeanor.

G. For the purposes of this section:

"Electronic communication device" has the same meaning prescribed in section 13-3560.
"Explicit sexual material" means material that depicts human genitalia or that depicts nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse as defined in section 13-3501.
"Visual depiction" has the same meaning prescribed in section 13-3551.

Article 2 Delinquency and Alcohol Offense Complaints and Hearings

§ 8-321 Referrals; diversions; conditions; community based alternative programs

A. Except as provided in subsection B of this section, before a petition is filed or an admission or adjudication hearing is held, the county attorney may divert the prosecution of a juvenile who is accused of committing a delinquent act or a child who is accused of committing an incorrigible act to a community based alternative program or to a diversion program administered by the juvenile court.

B. A juvenile is not eligible for diversion if any of the following applies:

The juvenile committed a dangerous offense as defined in section 13-105.
The juvenile is a chronic felony offender as defined in section 13-501.
The juvenile committed an offense that is listed in section 13-501.
The juvenile is alleged to have committed a violation of section 28-1381, 28-1382 or 28-1383.
The juvenile is alleged to have committed an offense involving the purchase, possession or consumption of spirituous liquor or a violation of title 13, chapter 34 and the juvenile has previously participated in a community based alternative program or a diversion program administered by the juvenile court at least two times within twenty-four months before the date of the commission of the alleged offense.

C. Except as provided in section 8-323, the county attorney has sole discretion to decide whether to divert or defer prosecution of a juvenile offender. The county attorney may designate the offenses that shall be retained by the juvenile court for diversion or that shall be referred directly to a community based alternative program that is authorized by the county attorney.

D. The county attorney or the juvenile court in cooperation with the county attorney may establish community based alternative programs.

E. Except for offenses that the county attorney designates as eligible for diversion or referral to a community based alternative program, on receipt of a referral alleging the commission of an offense, the juvenile probation officer shall submit the referral to the county attorney to determine if a petition should be filed.

F. If the county attorney diverts the prosecution of a juvenile to the juvenile court, the juvenile probation officer shall conduct a personal interview with the alleged juvenile offender. At least one of the juvenile's parents or guardians shall attend the interview. The probation officer may waive the requirement for the attendance of the parent or guardian for good cause. If the juvenile acknowledges responsibility for the delinquent or incorrigible act, the juvenile probation officer shall require that the juvenile comply with one or more of the following conditions:

Participation in unpaid community restitution work.
Participation in a counseling program that is approved by the court and that is designed to strengthen family relationships and to prevent repetitive juvenile delinquency.
Participation in an education program that is approved by the court and that has as its goal the prevention of further delinquent behavior.
Participation in an education program that is approved by the court and that is designed to deal with ancillary problems experienced by the juvenile, such as alcohol or drug abuse.
Participation in a nonresidential program of rehabilitation or supervision that is offered by the court or offered by a community youth serving agency and that is approved by the court.
At the juvenile's option, participation in a religious program that is approved by the court. This option may be substituted for one of the other conditions outlined in this subsection. The juvenile's participation in a religious program must be voluntary, and the purpose of the program may not include any effort to coerce the juvenile to adopt or change any religious affiliation or beliefs.
Payment of restitution to the victim of the delinquent act.
Payment of a monetary assessment that may be satisfied through community restitution. The court shall credit any community restitution performed at a rate that is equal to the minimum wage prescribed by section 23-363, subsections A and B, rounded up to the nearest dollar.

G. If the juvenile successfully complies with the conditions set forth by the probation officer, the county attorney shall not file a petition in juvenile court and the program's resolution shall not be used against the juvenile in any further proceeding and is not an adjudication of incorrigibility or delinquency. The resolution of the program is not a conviction of crime, does not impose any civil disabilities ordinarily resulting from a conviction and does not disqualify the juvenile in any civil service application or appointment.

H. In order to participate in a community based alternative program the juvenile who is referred to a program shall admit responsibility for the essential elements of the accusation and shall cooperate with the program in all of its proceedings.

I. All of the following apply to each community based alternative program that is established pursuant to this section:

The juvenile's participation is voluntary.
The victim's participation is voluntary.
The community based alternative program shall ensure that the victim, the juvenile's parent or guardian and any other persons who are directly affected by an offense have the right to participate.
The participants shall agree to the consequences imposed on the juvenile or the juvenile's parent or guardian.
The meetings and records shall be open to the public.

J. After holding a meeting the participants in the community based alternative program may agree on any legally reasonable consequences that the participants determine are necessary to fully and fairly resolve the matter except confinement or monetary sanctions or fines that exceed $250.

K. The participants shall determine consequences within thirty days after referral to the community based alternative program, and the juvenile shall complete the consequences within ninety days after the matter is referred to the community based alternative program. The county attorney or the juvenile probation officer may extend the time in which to complete the consequences for good cause. If the community based alternative program involves a school, the deadlines for determination and completion of consequences shall be thirty and ninety school days, respectively.

L. The community based alternative program, the juvenile, the juvenile's parent or guardian and the victim may sign a written contract in which the parties agree to the program's resolution of the matter and in which the juvenile's parent or guardian agrees to ensure that the juvenile complies with the contract.

M. If the juvenile successfully completes the consequences, the county attorney shall not file a petition in juvenile court and the program's resolution shall not be used against the juvenile in any further proceeding and is not an adjudication of incorrigibility or delinquency. The resolution of the program is not a conviction of crime, does not impose any civil disabilities ordinarily resulting from a conviction and does not disqualify the juvenile in any civil service application or appointment.

N. The county attorney or juvenile court may not assess or require the juvenile or the juvenile's parent or guardian to pay a fee or the cost for a community based alternative program or diversion program that is authorized by this section.

O. The supreme court shall annually establish an average cost per juvenile for providing diversion services in each county, based on the monies appropriated for diversion pursuant to section 8-322, excluding the cost of juvenile intake services provided by the juvenile court, and the number of juveniles diverted the previous year. On the county attorney's certification to the supreme court of the number of juveniles diverted to a county attorney community based alternative program each quarter, the annual average cost per juvenile for each juvenile diverted shall be reimbursed to the county attorney juvenile diversion fund established by section 11-537 out of monies appropriated to the supreme court for diversion programs.

P. If the juvenile does not acknowledge responsibility for the offense, or fails to comply with the consequences set by the community based alternative program, the case shall be submitted to the county attorney for review. The payment of a monetary assessment may not be used as a condition for the juvenile to comply with the consequences set by the community based alternative program.

Q. After reviewing a referral, if the county attorney declines prosecution, the county attorney may return the case to the juvenile probation department for further action as provided in subsection F of this section.

R. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering an expense that is related to the juvenile's treatment or care.

§ 8-322 Juvenile probation services fund; program and contract requirements

A. The juvenile probation services fund is established. The supreme court shall administer the fund. Monies in the juvenile probation services fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. The supreme court shall allocate monies in the fund or appropriated to the superior court's juvenile probation services fund line based on its determination of the need for and probable effectiveness of each plan submitted pursuant to this article. The supreme court shall require that the presiding juvenile court judge submit in accordance with rules of the supreme court a plan for the expenditure of monies that are allocated to the juvenile court pursuant to this section. The supreme court may reject a plan or a modification of a plan that is submitted pursuant to this subsection.

C. Monies in the fund shall be used to fund programs, the participation in which a juvenile probation officer or community based alternative program administered by the juvenile court has required as a condition of diversion pursuant to section 8-321. Monies shall also be used to fund programs to reduce the number of repetitive juvenile offenders and to provide services for juveniles who are on probation, including treatment, testing, independent living programs and residential, foster and shelter care, and for children who are referred to the juvenile court for incorrigibility or delinquency offenses. Monies may be used to provide the cost of care for persons who are under twenty-one years of age and who were placed in an independent living program or in foster care before eighteen years of age, who voluntarily remain in care and who are currently enrolled in and regularly attending any high school or certificate of equivalency program. Pursuant to section 8-341, subsection I, monies may also be used to provide services for persons who are under twenty-one years of age and who voluntarily participate in treatment. Except pursuant to section 8-341, subsection I, the cost of care shall not be continued for a person who has received a high school diploma or certificate of equivalency. The supreme court shall approve these services. The juvenile court may develop and staff such programs, or the supreme court may enter into the purchase of service contracts with community youth serving agencies.

D. The administrative office of the courts may use monies appropriated to the fund for the purchase of detention facilities, to expand existing detention centers or to contract with private and public entities to expand or operate secure care facilities.

E. Monies in the fund may be used to obtain, operate and maintain a state-approved case management system that serves persons placed on probation or juveniles referred to the juvenile court.

F. All monies that are distributed or expended from the fund shall be used to supplement, not supplant, funding to the juvenile court by the county.

G. The supreme court shall contract for a periodic evaluation to determine if the provisions of this article reduce the number of repetitive juvenile offenders. The supreme court shall send a copy of the evaluation to the speaker of the house of representatives, the president of the senate and the governor.

H. A contract that is entered into between the supreme court or the county attorney and any contract provider to provide services pursuant to section 8-321 or this section to juveniles shall provide that, as a condition of employment, personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall have valid fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within seven working days of employment.

I. The contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel.

J. A service contract or license with any contract provider that involves the employment of persons who have contact with juveniles shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections M and N of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections M and N of this section in this state or of acts committed in another jurisdiction that would be offenses in this state or if the person does not possess or is denied issuance of a valid fingerprint clearance card.

K. A contract provider may avoid cancellation or termination of the contract or license under subsection J of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections M and N of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.03, subsection B is immediately prohibited from employment or service with the licensee or contract provider in any capacity requiring or allowing contact with juveniles.

L. A contract provider may avoid cancellation or termination of the contract or license under subsection J of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections M and N of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.03, subsection C is immediately prohibited from employment or service with the licensee or contract provider in any capacity requiring or allowing the person to provide direct services to juveniles unless the person is granted a good cause exception pursuant to section 41-619.55.

M. Personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the contracting agency and notarized whether they are awaiting trial on or have ever been convicted of any of the criminal offenses listed in section 41-1758.03, subsections B and C in this state or similar offenses in another state or jurisdiction.

N. Personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the contracting agency and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse.

O. Federally recognized Indian tribes or military bases may submit and the supreme court shall accept certifications that state that personnel who are employed or who will be employed during the contract term and who provide services directly to juveniles have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection M of this section.

P. Adult clients of a contract provider who are receiving treatment services are exempt from the requirements of this section, unless they provide services directly to juveniles without supervision.

Q. Volunteers who provide services to juveniles under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting requirements of this section.

R. The contracting agency shall notify the department of public safety if the contracting agency receives credible evidence that a person who possesses a valid fingerprint clearance card either:

Is arrested for or charged with an offense listed in section 41-1758.03, subsection B.
Falsified information on the form required by subsection M of this section.

§ 8-323 Juvenile hearing officer; appointment; term; compensation; hearings; required attendance; contempt

A. The judge of the juvenile court, or in counties having more than one judge of the juvenile court, the presiding judge of the juvenile court, may appoint one or more persons of suitable experience who may be magistrates or justices of the peace to serve as juvenile hearing officers on a full-time or part-time basis. The county board of supervisors shall approve the appointment of justices of the peace as juvenile hearing officers. The local governing body shall approve the appointment of municipal judges as juvenile hearing officers. The juvenile hearing officer serves at the pleasure of the appointing judge. The appointing judge, with the approval of the board of supervisors, shall determine whether any compensation shall be paid to a juvenile hearing officer who is not otherwise employed by a public agency or holding another public office and shall establish the amounts and rates of the compensation.

B. Subject to the orders of the juvenile court a juvenile hearing officer may hear and determine juvenile pretrial detention hearings and may process, adjudicate and dispose of all cases that are not classified as felonies and in which a juvenile who is under eighteen years of age on the date of the alleged offense is charged with violating any law relating to the following:

Any provision of title 28 not declared to be a felony.
The purchase, possession or consumption of spirituous liquor by a juvenile.
Boating or game and fish.
Curfew.
Truancy.
The damage or disfigurement of property by graffiti or the purchase or possession of materials with the intent to use the materials for graffiti.
The purchase or possession of tobacco.
Any city, town or political subdivision ordinance.
Interference with judicial proceedings involving disobeying or resisting the lawful order, process or other mandate of a juvenile hearing officer or failure to appear related to any offense in this section.
A civil violation involving the possession and personal use of marijuana, marijuana products and marijuana paraphernalia.

C. A hearing before the juvenile hearing officer or a hearing before a commissioner or a judge of the juvenile court in which the juvenile is charged with any offense set forth in this section may be conducted on an exact legible copy of a written notice to appear, including a uniform Arizona traffic ticket and complaint form, that states, at a minimum, the name and address of the juvenile, the offense charged and the time and place the juvenile shall appear in court.

D. The juvenile hearing officer, commissioner or judge of the superior court shall not dispose of a petition or citation for any offense under this section unless the parent, guardian or custodian of the juvenile appears in court with the juvenile at the time of disposition of the charge. On a showing of good cause that the parent, guardian or custodian cannot appear on the date and time set by the court, the court may waive the requirement that the parent, guardian or custodian appear. The court shall state on the record the reasons for waiving the requirement that the parent, guardian or custodian appear. At the time the court issues an order to appear or other order pursuant to this section, the court shall inform the juvenile that failure to appear or failure to comply with an order will result in suspension of the juvenile's driver license or privilege to drive. If the juvenile fails to appear pursuant to a citation or an order to appear properly issued under this section or if on disposition fails to comply with any court order, the juvenile hearing officer shall order the department of transportation to suspend the juvenile's driver license or privilege to drive or shall direct the department of transportation to refuse to issue, renew or restore the juvenile's driver license or privilege to drive until the juvenile reaches eighteen years of age or appears in court as directed or complies with the court's order.

E. If a parent, guardian or custodian fails to appear with the juvenile, and good cause for the failure to appear is not found as provided in subsection D of this section, the court shall issue an order to show cause to the parent, guardian or custodian as to why that person shall not be held in contempt.

F. Except as otherwise provided by law, on an admission by the juvenile of a violation charged pursuant to this section, or after a hearing, on the finding that the juvenile committed the violation, the juvenile hearing officer, commissioner or judge of the superior court may do one or more of the following:

Place the juvenile on probation, except that a city magistrate or justice of the peace may only place the juvenile on unsupervised probation.
Transfer the citation to the juvenile court for all further proceedings.
Suspend the driving privileges of the juvenile, or restrict the juvenile's driving privileges for a period of not to exceed one hundred eighty days.
Order the juvenile to attend a traffic school or a counseling or education program approved by the presiding judge of the juvenile court or the supreme court.
Order the juvenile to pay the monetary assessment or penalty that is applicable to the offense. Except as provided in section 8-341, subsection N, the monetary assessment or penalty shall not exceed $500 payable to the public agency processing the violation. If no monetary assessment or penalty is specified for the offense, the juvenile hearing officer, commissioner or judge of the superior court may order the juvenile to pay not more than $150 payable to the public agency processing the violation.
In lieu of a monetary assessment or penalty, order the juvenile to perform a program of work that does not conflict with the juvenile's regular schooling and employment, to repair the victim's property or to provide community restitution.
If the juvenile hearing officer, commissioner or judge of the superior court determines that the person charged is eighteen or more years of age, transfer the matter to the appropriate criminal court having jurisdiction.
If the juvenile violated any truancy laws, require the juvenile and the juvenile's parents or guardians to participate in a specialized program consisting of counseling, supervision and education under the terms and conditions the juvenile hearing officer, commissioner or judge of the superior court orders.
Order the juvenile and one or both of the juvenile's custodial parents to pay restitution to any person who suffered an economic loss as the result of the juvenile's conduct. The juvenile hearing officer, commissioner or judge of the superior court shall not consider the ability of the juvenile's parents to pay restitution before making a restitution order. If the juvenile hearing officer, commissioner or judge of the superior court orders one or both of the juvenile's custodial parents to pay restitution, the amount of the order shall not exceed the liability limit established pursuant to section 12-661.
Impose sanctions authorized by section 8-343.
Reprimand the juvenile and take no further action.
Notwithstanding paragraph 5 of this subsection, if the juvenile committed a violation included in title 28 that is not declared to be a felony, order the juvenile to pay lawful surcharges, fines, civil penalties and assessments.

G. A record of the proceedings before a juvenile hearing officer may be made by a court reporter, videotape or audiotape or any other method approved by the supreme court that accurately reproduces what occurred at the proceeding.

H. Within five days after receiving the citation, the juvenile hearing officer shall notify the juvenile court that the juvenile has been charged with an offense by citation and shall indicate the listed charges. The juvenile hearing officer shall retain jurisdiction of the case until all orders made under this section have been fully complied with. Within five days after disposition, the juvenile hearing officer shall transmit a copy of the citation with the findings and disposition of the court noted on the copy to the juvenile court for record keeping purposes. If appropriate, the juvenile hearing officer shall transmit a copy of the citation to the department of transportation. If on disposition the juvenile fails to comply with any court order, the juvenile hearing officer, in the manner provided by subsection D of this section, may impose any of the sanctions prescribed in subsection F of this section.

I. Subject to an appeal pursuant to section 8-325 all orders of the juvenile hearing officer shall be effective immediately.

J. A city or town attorney or prosecutor shall act on behalf of the state in matters that are heard in a municipal court by a juvenile hearing officer pursuant to this section. In these matters and on approval of the county attorney, with notice to the presiding judge of the juvenile court, the city or town attorney or the prosecutor may establish diversion programs for offenses other than offenses involving either:

A violation of section 28-1381, 28-1382 or 28-1383.
The purchase, possession or consumption of spirituous liquor or misdemeanor violations under title 13, chapter 34 if the juvenile has previously participated in a diversion program established pursuant to this subsection at least two times within twenty-four months before the date of the commission of the current offense.

§ 8-325 Appeal from an order of a juvenile hearing officer; procedures

A. An appeal from an order entered by the juvenile hearing officer is perfected by filing a notice of appeal.

B. Immediately after an order of disposition the juvenile hearing officer shall advise the juvenile that a right to appeal exists, the applicable time limit and the location and manner of filing the notice of appeal.

C. A juvenile shall file the written notice of appeal with the court issuing the order within ten days after the date on which the juvenile hearing officer delivered or mailed to the juvenile a copy of the court's disposition of the case and the notice of the right to appeal.

D. An appeal shall be on the record if a record has been made. The juvenile court may review the condition of the record. If the juvenile court determines that the record is insufficient or not in proper condition to enable the court to determine the issues on appeal, a trial de novo shall be granted.

E. The appeal of an order of a juvenile hearing officer to the juvenile court shall be processed pursuant to the rules of procedure in civil traffic violation cases.

§ 8-326 County attorney

A. The county attorney shall:

Direct the investigation the county attorney deems necessary of acts of alleged delinquent behavior.
File petitions alleging delinquent behavior with the juvenile court as the county attorney deems necessary in the public interest.
Except pursuant to section 8-323, attend the juvenile court within the county attorney's county and conduct on behalf of the state all contested hearings that involve allegations of delinquent acts or incorrigibility.

B. The county attorney may establish and administer the activities of community based alternative programs.

§ 8-327 Transfer hearing

A. The state may request an order of the juvenile court transferring jurisdiction of the criminal prosecution of any felony filed in the juvenile court to the criminal division of the superior court.

B. On request of the state that a juvenile be transferred, the court shall hold a transfer hearing before the adjudication hearing.

C. If the judge finds by a preponderance of the evidence that probable cause exists to believe that the offense was committed, that the juvenile committed the offense and that the public safety would best be served by the transfer of the juvenile for criminal prosecution, the judge shall order that the juvenile be transferred for criminal prosecution to the appropriate court having jurisdiction of the offense. The judge shall state on the record the reasons for transferring or not transferring the juvenile for criminal prosecution.

D. The court shall consider the following factors in determining if the public safety would be served by the transfer of a juvenile for criminal prosecution:

The seriousness of the offense involved.
The record and previous history of the juvenile, including previous contacts with the courts and law enforcement, previous periods of any court ordered probation and the results of that probation.
Any previous commitments of the juvenile to juvenile residential placements and secure institutions.
If the juvenile was previously committed to the department of juvenile corrections for a felony offense.
If the juvenile committed another felony offense while the juvenile was a ward of the department of juvenile corrections.
If the juvenile committed the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.
The views of the victim of the offense.
If the degree of the juvenile's participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution.
The juvenile's mental and emotional condition.
The likelihood of the juvenile's reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court.

E. At the conclusion of the transfer hearing, the court shall make a written determination whether the juvenile should be transferred to the criminal division of the superior court for criminal prosecution. The court shall not defer the decision as to the transfer. If the court determines that the juvenile should not be transferred to the criminal division of the superior court, the court shall set an adjudication hearing.

§ 8-328 Juvenile diversion programs; reporting

A. A city or town attorney or prosecutor or a law enforcement agency shall not establish or conduct a diversion program or community based alternative program for juvenile offenders unless the program is authorized by the county attorney and notice is provided to the presiding judge of the juvenile court.

B. Beginning January 1, 2011, a city or town attorney or prosecutor or a law enforcement agency that establishes or conducts a diversion program or community based alternative program shall report the citation number, name and date of birth of each juvenile who participates in a diversion program or community based alternative program to the juvenile court in a format approved by the presiding judge of the juvenile court.

Article 3 Disposition and Commitment

§ 8-341 Disposition and commitment; definitions

A. After receiving and considering the evidence on the proper disposition of the case, the court may enter judgment as follows:

It may award a delinquent juvenile:

(a) To the care of the juvenile's parents, subject to the supervision of a probation department.

(b) To a probation department, subject to any conditions the court may impose, including a period of incarceration in a juvenile detention center of not more than one year.

(d) To a private agency or institution, subject to the supervision of a probation officer.

(e) To the department of juvenile corrections.

(f) To maternal or paternal relatives, subject to the supervision of a probation department.

(g) To an appropriate official of a foreign country of which the juvenile is a foreign national who is unaccompanied by a parent or guardian in this state to remain on unsupervised probation for at least one year on the condition that the juvenile cooperate with that official.

It may award an incorrigible child:

(a) To the care of the child's parents, subject to the supervision of a probation department.

(b) To the protective supervision of a probation department, subject to any conditions the court may impose.

(d) To a public or private agency, subject to the supervision of a probation department.

(e) To maternal or paternal relatives, subject to the supervision of a probation department.

B. If a juvenile is placed on probation pursuant to this section, the period of probation may continue until the juvenile's eighteenth birthday or until the juvenile's nineteenth birthday if jurisdiction is retained pursuant to section 8-202, subsection H, except that the term of probation shall not exceed one year if all of the following apply:

The juvenile is not charged with a subsequent offense.
The juvenile has not been found in violation of a condition of probation.
The court has not made a determination that it is in the best interests of the juvenile or the public to require continued supervision. The court may not use the juvenile's failure to pay fees, costs or fines as a reason to continue supervision. The court shall state by minute entry or written order its reasons for finding that continued supervision is required.
The offense for which the juvenile is placed on probation does not involve a dangerous offense as defined in section 13-105.
The offense for which the juvenile is placed on probation does not involve a violation of title 13, chapter 14 or 35.1.
Restitution ordered pursuant to section 8-344 has been made.

C. If a juvenile is adjudicated as a first time felony juvenile offender, the court shall provide the following written notice to the juvenile:

This is your first felony offense. If you commit another felony offense and you are fourteen years of age or older, any of the following could happen to you:

You could be tried as an adult in adult criminal court.
You could be committed to the department of juvenile corrections.
You could be placed on juvenile intensive probation, which could include incarceration in a juvenile detention center.

D. If a juvenile is fourteen years of age or older and is adjudicated as a repeat felony juvenile offender, unless the court determines based on the severity of the offense and a risk assessment that juvenile intensive probation services are not required, the juvenile court shall place the juvenile on juvenile intensive probation, which may include incarceration in a juvenile detention center, or may commit the juvenile to the department of juvenile corrections pursuant to subsection A, paragraph 1, subdivision (e) of this section.

E. If the juvenile is adjudicated as a repeat felony juvenile offender, the court shall provide the following written notice to the juvenile:

You are now a repeat felony offender. This means:

You will be tried as an adult in adult criminal court if you commit another felony offense and you are fifteen years of age or older.
You could be tried as an adult in adult criminal court if you commit another felony offense when you are at least fourteen years of age.
You could be incarcerated in the state department of corrections if you are convicted as an adult in adult criminal court.

F. The failure or inability of the court to provide the notices required under subsections C and E of this section does not preclude the use of the prior adjudications for any purpose otherwise allowed.

G. After considering the length of stay guidelines developed pursuant to section 41-2816, subsection C, the court may set forth in the order of commitment the minimum period during which the juvenile shall remain in secure care while in the custody of the department of juvenile corrections. When the court awards a juvenile to the department of juvenile corrections or an institution or agency, it shall transmit with the order of commitment copies of a diagnostic psychological evaluation and educational assessment if one has been administered, copies of the case report, all other psychological and medical reports, restitution orders, any request for postadjudication notice that has been submitted by a victim and any other documents or records pertaining to the case requested by the department of juvenile corrections or an institution or agency. The department shall not release a juvenile from secure care before the juvenile completes the length of stay determined by the court in the commitment order unless the county attorney in the county from which the juvenile was committed requests the committing court to reduce the length of stay. The department may temporarily escort the juvenile from secure care pursuant to section 41-2804, may release the juvenile from secure care without a further court order after the juvenile completes the length of stay determined by the court or may retain the juvenile in secure care for any period subsequent to the completion of the length of stay in accordance with the law.

H. Written notice of the release of any juvenile pursuant to subsection G of this section shall be made to any victim requesting notice, the juvenile court that committed the juvenile and the county attorney of the county from which the juvenile was committed.

I. Notwithstanding any law to the contrary, if a person is under the supervision of the court as an adjudicated delinquent juvenile at the time the person reaches eighteen years of age, treatment services may be provided until the person reaches twenty-one years of age if the court, the person and the state agree to the provision of the treatment and a motion to transfer the person pursuant to section 8-327 has not been filed or has been withdrawn. The court may terminate the provision of treatment services after the person reaches eighteen years of age if the court determines that any of the following applies:

The person is not progressing toward treatment goals.
The person terminates treatment.
The person commits a new offense after reaching eighteen years of age.
Continued treatment is not required or is not in the best interests of the state or the person.

J. On the request of a victim of an act that may have involved significant exposure as defined in section 13-1415 or that if committed by an adult would be a sexual offense, the prosecuting attorney shall petition the adjudicating court to require that the juvenile be tested for the presence of the human immunodeficiency virus. If the victim is a minor the prosecuting attorney shall file this petition at the request of the victim's parent or guardian. If the act committed against a victim is an act that if committed by an adult would be a sexual offense or the court determines that sufficient evidence exists to indicate that significant exposure occurred, it shall order the department of juvenile corrections or the department of health services to test the juvenile pursuant to section 13-1415. Notwithstanding any law to the contrary, the department of juvenile corrections and the department of health services shall release the test results only to the victim, the delinquent juvenile, the delinquent juvenile's parent or guardian and a minor victim's parent or guardian and shall counsel them regarding the meaning and health implications of the results.

K. If a juvenile has been adjudicated delinquent for an offense that if committed by an adult would be an offense listed in section 41-1750, subsection C, the court shall provide the department of public safety Arizona automated fingerprint identification system established in section 41-2411 with the juvenile's ten-print fingerprints, personal identification data and other pertinent information. If a juvenile has been committed to the department of juvenile corrections the department shall provide the fingerprints and information required by this subsection to the Arizona automated fingerprint identification system. If the juvenile's fingerprints and information have been previously submitted to the Arizona automated fingerprint identification system the information is not required to be resubmitted.

L. Access to fingerprint records submitted pursuant to subsection K of this section shall be limited to the administration of criminal justice as defined in section 41-1750. Dissemination of fingerprint information shall be limited to the name of the juvenile, juvenile case number, date of adjudication and court of adjudication.

M. If a juvenile is adjudicated delinquent for an offense that if committed by an adult would be a misdemeanor, the court may prohibit the juvenile from carrying or possessing a firearm while the juvenile is under the jurisdiction of the department of juvenile corrections or the juvenile court.

N. If a juvenile is adjudicated delinquent for a violation of section 13-1602, subsection A, paragraph 5, the court shall order the juvenile to pay a fine of at least $300 but not more than $1,000. Any restitution ordered shall be paid in accordance with section 13-809, subsection A. The court may order the juvenile to perform community restitution in lieu of the payment for all or part of the fine if it is in the best interests of the juvenile. The court shall credit community restitution performed at a rate that is equal to the minimum wage prescribed by section 23-363, subsections A and B, rounded up to the nearest dollar. If the juvenile is convicted of a second or subsequent violation of section 13-1602, subsection A, paragraph 5 and is ordered to perform community restitution, the court may order the parent or guardian of the juvenile to assist the juvenile in the performance of the community restitution if both of the following apply:

The parent or guardian had knowledge that the juvenile intended to engage in or was engaging in the conduct that gave rise to the violation.
The parent or guardian knowingly provided the juvenile with the means to engage in the conduct that gave rise to the violation.

O. If a juvenile is adjudicated delinquent for an offense involving the purchase, possession or consumption of spirituous liquor or a violation of title 13, chapter 34 and is placed on juvenile probation, the court may order the juvenile to submit to random drug and alcohol testing at least two times per week as a condition of probation.

P. If jurisdiction of the juvenile court is retained pursuant to section 8-202, subsection H, the court shall order continued probation supervision and treatment services until a child who has been adjudicated a delinquent juvenile reaches nineteen years of age or until otherwise terminated by the court. The court may terminate continued probation supervision or treatment services before the child's nineteenth birthday if the court determines that continued probation supervision or treatment is not required or is not in the best interests of the juvenile or the state or the juvenile commits a criminal offense after reaching eighteen years of age.

Q. For the purposes of this section:

"First time felony juvenile offender" means a juvenile who is adjudicated delinquent for an offense that would be a felony offense if committed by an adult.
"Repeat felony juvenile offender" means a juvenile to whom both of the following apply:

(a) Is adjudicated delinquent for an offense that would be a felony offense if committed by an adult.

(b) Previously has been adjudicated a first time felony juvenile offender.

"Sexual offense" means oral sexual contact, sexual contact or sexual intercourse as defined in section 13-1401.

§ 8-341.01 Residential treatment services; definition

A. If at a disposition hearing or a subsequent hearing the court orders a delinquent juvenile or incorrigible child to receive residential treatment services, other than psychiatric acute care services as defined in section 8-271, the placement must be supported by a written psychological, psychiatric or medical evaluation recommending residential treatment services. The court may waive the written evaluation for good cause shown.

B. If the court orders a child to receive residential treatment services, the court shall find by clear and convincing evidence that both:

The child requires residential treatment services to address the child's behavioral, psychological, social or mental health needs.
Available alternatives to residential treatment services were considered, but that residential treatment services are the least restrictive alternative.

C. The court shall review the child's continuing need for residential treatment services at least every sixty days after the date of the treatment order. The residential treatment facility shall submit a progress report to the court at least five days before the review and shall provide copies of its report to all parties, including the child's attorney and guardian ad litem. The progress report shall include the recommendations of the child's treatment facility and shall include at least the following:

The nature of the treatment provided, including any medications and the child's current diagnosis.
The child's need for continued residential treatment services, including the estimated length of the services.
A projected discharge date.
The level of care required by the child and the potential placement options that are available to the child on discharge.
A statement from the medical or clinical director of the residential treatment services facility or the director's designee as to whether residential treatment services are necessary to meet the child's needs and whether the facility that is providing the residential treatment services to the child is the least restrictive available alternative.

D. On its own motion or the motion of a party, the court may hold an expedited hearing to review the continued placement of the child in residential treatment.

E. If the child is also found to be dependent or is temporarily subject to court jurisdiction pending an adjudication of a dependency petition, the probation department shall notify the department of child safety that placement of the child for residential treatment services is being recommended. The department shall receive copies of any reports relating to the child's placement for residential treatment services. The department may attend and participate in all hearings and any other proceedings relating to the placement or continued placement for residential treatment services.

F. For the purposes of this section, "child" or "juvenile" includes a person who is under eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, under nineteen years of age.

§ 8-341.02 Prohibited fees, fines and costs

A. The court may not order a juvenile who is under the jurisdiction of the juvenile court or the juvenile's parent or guardian to pay either of the following:

A fee that is associated with court services or probation.
A fine or monetary sanction that is not specifically required by the offense or citation.

B. Notwithstanding any other law, this section does not prevent a juvenile or the juvenile's parent or guardian from paying a fine in lieu of performing community restitution if the court provides that option.

§ 8-342 Commitment of child; medical examination; definition

A. A child who is any of the following shall not be committed or awarded to the department of juvenile corrections:

Adjudicated delinquent for an offense that is not a felony unless the child has been previously adjudicated delinquent for an offense that is a felony or is seriously mentally ill.
Under fourteen years of age.
A dependent or incorrigible child unless the child is adjudicated delinquent and is not excluded under paragraph 1 or 2 of this subsection.

B. Before commitment to the department of juvenile corrections, every child shall be given a medical examination. If it is determined that any contagious or infectious disease is present, the child shall not be committed to the department of juvenile corrections, but the juvenile court shall order that the child be given the necessary medical treatment at the county hospital or other medical facility. When the child is discharged by competent medical authority, the juvenile court may order the child's commitment to the department of juvenile corrections. In any case copies of records, examinations and evaluations shall be made of the findings of the medical examination and of any subsequent treatment and discharge, which copies shall accompany the child's commitment papers.

C. If the child is a dependent child and is committed or awarded to the department of juvenile corrections, the foster care review board shall review the child's case as required by section 8-515.03.

D. For the purposes of this section, "child" includes a person who is under eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, under nineteen years of age.

§ 8-343 Disposition of offenses involving driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs

A. A juvenile who is adjudicated delinquent for a violation of section 28-1381 shall be detained for a period of not less than ten consecutive days in a juvenile detention center as a condition of probation, except that the judge may suspend all ten days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.

B. A juvenile who within a period of eighty-four months is adjudicated delinquent for a violation of section 28-1381 and who has previously been adjudicated for a violation of section 28-1381, 28-1382 or 28-1383 or an act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 shall be detained for a period of not less than ninety days in a juvenile detention center as a condition of probation, except that the judge may suspend all but thirty consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.

C. A juvenile who is adjudicated delinquent for a violation of section 28-1382, subsection A, paragraph 1 shall be detained for a period of not less than thirty consecutive days in a juvenile detention center as a condition of probation, except that the judge may suspend all but ten consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section. A juvenile who is adjudicated delinquent for a violation of section 28-1382, subsection A, paragraph 2 shall be detained for a period of not less than forty-five consecutive days in a juvenile detention center as a condition of probation, except that the judge may suspend all but fifteen consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.

D. If within a period of eighty-four months a juvenile is adjudicated delinquent for a violation of section 28-1382 and has previously been adjudicated for a violation of section 28-1381, 28-1382 or 28-1383 or an act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383, the juvenile:

Shall be detained for a period of not less than one hundred twenty days in a juvenile detention center as a condition of probation if the juvenile is adjudicated delinquent for a violation of section 28-1382, subsection A, paragraph 1, except that the judge may suspend all but sixty consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.
Shall be detained for a period of not less than one hundred eighty days in a juvenile detention center as a condition of probation if the juvenile is adjudicated delinquent for a violation of section 28-1382, subsection A, paragraph 2, except that the judge may suspend all but ninety consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.

E. A juvenile who is adjudicated delinquent for a violation of section 28-1383 shall be detained for a period of not less than four months in a juvenile detention center or the department of juvenile corrections as a condition of probation if the juvenile is adjudicated delinquent under either of the following:

Section 28-1383, subsection A, paragraph 1.
Section 28-1383, subsection A, paragraph 2 and within an eighty-four-month period has been adjudicated delinquent for two prior violations of section 28-1381, 28-1382 or 28-1383, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383.

F. A juvenile who is adjudicated delinquent under section 28-1383, subsection A, paragraph 2 and who within an eighty-four month period has been adjudicated delinquent for three or more prior violations of section 28-1381, 28-1382 or 28-1383, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 shall be detained for a period of not less than eight months in a juvenile detention center or the department of juvenile corrections as a condition of probation.

G. A juvenile who is adjudicated delinquent under section 28-1383, subsection A, paragraph 3, subdivision (a) shall serve at least the minimum term of detention required pursuant to subsection A or B of this section.

H. A juvenile who is adjudicated delinquent under section 28-1383, subsection A, paragraph 3, subdivision (b) shall serve at least the minimum term of detention required pursuant to subsection C or D of this section.

I. Notwithstanding subsection E or F of this section, at the time of sentencing, the judge may suspend all but two months of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.

J. If a juvenile is adjudicated delinquent for a violation of section 28-1381, 28-1382 or 28-1383, the court shall order the juvenile to pay not more than $250 plus any applicable surcharges and assessments to the public agency processing the violation or the court may order the juvenile to perform not more than twenty hours of community restitution under the supervision of the court.

K. The dates of the commission of the offense shall be the determining factor in applying the eighty-four month provision of subsection B, D, E or F of this section, irrespective of the sequence in which the offenses were committed. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.

L. In addition to any other penalties prescribed by law, if a juvenile is adjudicated delinquent for a violation of section 28-1381, 28-1382 or 28-1383, the court shall order the juvenile to complete alcohol or other drug screening that is provided by a facility approved by the department of health services or a probation department. If the court determines that the juvenile requires further alcohol or other drug education or treatment, the juvenile may be required pursuant to court order to obtain education or treatment under the court's supervision from an approved facility. The court may review an education or treatment determination at the request of the state or the defendant or on the court's initiative. The court may not order the juvenile or the juvenile's parent or guardian to pay the costs of the screening, education or treatment.

M. The court may not order a juvenile or the parent or guardian of a juvenile who is sentenced to a term of detention to reimburse the county that is responsible for the costs of the juvenile's detention.

N. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering the expense of the juvenile's screening, education or treatment.

§ 8-344 Restitution payments

A. If a juvenile is adjudicated delinquent, the court, after considering the nature of the offense and the age, physical and mental condition and earning capacity of the juvenile, shall order the juvenile to make full or partial restitution to the victim of the offense for which the juvenile was adjudicated delinquent or to the estate of the victim if the victim has died. The juvenile shall make restitution payments to the clerk of the court for disbursement to the victim or estate of the victim.

B. The court shall notify the victim or estate of the victim of the dispositional hearing. The court may consider a verified statement from the victim or estate of the victim concerning damages for lost wages, reasonable damages for injury to or loss of property and actual expenses of medical treatment for personal injury, excluding pain and suffering.

C. In ordering restitution pursuant to subsection A of this section, the court may order one or both of the juvenile's custodial parents to make restitution to the victim of the offense for which the juvenile was adjudicated delinquent or to the estate of the victim if the victim has died. The court shall determine the amount of restitution ordered pursuant to this subsection, except that the amount shall not exceed the liability limit established pursuant to section 12-661. The court may order a parent or juvenile who is ordered to pay restitution to satisfy the order in a lump sum or installment payments to the clerk of the court for disbursement to the victim or estate of the victim. If the court orders the juvenile's parents to make restitution pursuant to this subsection, the court shall order the juvenile to make either full or partial restitution, regardless of the juvenile's insufficient earning capacity. The court shall not consider the ability of the juvenile's parents to pay restitution before making a restitution order.

D. The juvenile court shall retain jurisdiction of the case after the juvenile attains eighteen years of age for the purpose of modifying the manner in which court ordered payments are to be made. After a juvenile attains eighteen years of age or if the court retains jurisdiction over the juvenile pursuant to section 8-202, subsection H on termination of the juvenile's probation, the juvenile court shall enter a juvenile restitution order in favor of each person entitled to restitution for the unpaid balance of any restitution ordered pursuant to this section.

E. The clerk of the court shall send a copy of the juvenile restitution order to each person who is entitled to restitution.

F. A juvenile restitution order may be recorded and enforced as any civil judgment, except that a juvenile restitution order does not require renewal pursuant to section 12-1611 or 12-1612. A juvenile restitution order does not expire until paid in full. Enforcement of a juvenile restitution order by any person who is entitled to restitution or by the state includes the collection of interest, which accrues at a rate of ten percent per annum.

G. A juvenile restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the juvenile.

§ 8-345 Restitution lien; definition

A. A person who is entitled to restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344 may file a restitution lien. No filing fee or other charge is required for filing a restitution lien.

B. A judge, commissioner or juvenile hearing officer shall sign the restitution lien and shall set forth all of the following:

The name and date of birth of the juvenile or the parent of the juvenile whose property or other interests are subject to the lien.
The present residence or principal place of business of the juvenile or the parent of the juvenile named in the lien, if known.
The delinquency proceeding pursuant to which the lien is filed, including the name of the court, the title of the action and the court's file number.
The name and address of the attorney representing the state in the delinquency proceeding pursuant to which the lien is filed or the name and address of the person who is entitled to restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344 and who is filing the lien.
A statement that the notice is being filed pursuant to this section.
The amount of restitution that the juvenile or the parent of the juvenile has been ordered to pay.
A statement that the total amount of restitution owed will change and that the clerk of the superior court shall maintain a record of the outstanding balance.

C. A restitution lien is perfected against interests in personal property by filing the lien with the secretary of state, except that for motor vehicles, the lien shall be filed with the department of transportation. A restitution lien is perfected against interests in real property by filing the lien with the county recorder of the county in which the real property is located. The person entitled to restitution may give the additional notice of the lien as the person deems appropriate.

D. The filing of a restitution lien creates a lien in favor of the person in all of the following:

Any interest of the juvenile or the parent of the juvenile in real property that is situated in the county in which the lien is filed and that is currently maintained or thereafter acquired in the name of the juvenile or the parent of the juvenile identified in the lien.
Any interest of the juvenile or the parent of the juvenile in personal property that is situated in this state and that is currently maintained or thereafter acquired in the name of the juvenile or the parent of the juvenile identified in the lien.
Any property identified in the lien to the extent of the juvenile's or the parent's interest in the property.

E. The filing of a restitution lien is notice to all persons dealing with the juvenile or the parent of the juvenile or with property identified in the lien of the claim of the person entitled to restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344. The lien created in favor of the person pursuant to this section is superior and prior to the claims or interests of any other person, except a person possessing any of the following:

A valid lien that is perfected before the filing of the restitution lien.
In the case of real property, an interest that is acquired and recorded before the filing of the restitution lien.
In the case of personal property, an interest that is acquired before the filing of the restitution lien.

F. This section does not limit the right of the state or any other person entitled to restitution to obtain any order or injunction, receivership, writ, attachment, garnishment or other remedy authorized by law.

G. For the purposes of this section, "parent" means a parent who is ordered to make restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344.

§ 8-346 Restitution fund; restitution contracts

A. The county board of supervisors shall establish a separate fund for the payment of restitution in juvenile delinquency proceedings by juveniles who are ordered to pay restitution and who are financially unable to pay or who are otherwise unable to be employed to earn money to pay restitution. The fund consists of state and local appropriations and grants, gifts, devises and donations from any public or private source.

B. The county board of supervisors may apply to the internal revenue service for a ruling that donations to the fund are tax deductible.

C. The county attorney or the court may direct the payment of monies from the fund to the victim for unpaid charitable work done by the juvenile to pay restitution that was ordered by the juvenile court or that the juvenile agreed to pay as part of a diversion program administered by the county attorney or the juvenile court. If a juvenile performs unpaid charitable work pursuant to this section, the agency providing the work shall supervise the juvenile's work. The juvenile shall be credited for each hour worked at an hourly rate set by the county attorney or the juvenile court.

D. If monies are available, the victim shall be paid from monies that are credited to the juvenile for work performed.

E. The county attorney or the juvenile court shall not retain more than twenty per cent of the money credited to the fund for the payment of administrative costs and expenses.

F. The county attorney or the juvenile court may enter into contracts with this state, any political subdivision of this state or private entities to provide appropriate services by juveniles who are ordered to pay restitution by the juvenile court or who have agreed to pay restitution as part of a diversion program that is administered by the county attorney or the juvenile court.

§ 8-347 Disposition document or minute order; fingerprints

A. At the time of the disposition of a juvenile who is adjudicated for an offense that would be a felony offense if committed by an adult, the court shall execute a disposition document or minute order.

B. At the time of disposition and in open court, the court or a person who is appointed by the court shall affix a fingerprint of the juvenile to the document or order.

C. In addition to any information deemed appropriate by the court, the document or order shall recite all of the following:

The full name and date of birth of the juvenile.
The name of the counsel for the juvenile or, if counsel was waived, the fact that the juvenile knowingly, voluntarily and intelligently waived the right to counsel after having been fully apprised of the right to counsel.
The name, statutory citation and classification of the offense.
Whether the basis of the adjudication of delinquency was by admission or adjudication hearing.
If there was an admission, that the juvenile knowingly, voluntarily and intelligently waived all pertinent rights.
A certification by the court or the clerk of the court that at the time of disposition and in open court the juvenile's fingerprint was permanently affixed to the document or order.

D. The document or order shall be made a permanent part of the public records of the court, and the recitations contained in the document or order are prima facie evidence of the facts that are stated in the recitations.

§ 8-348 Setting aside adjudication; application; release from disabilities; exceptions

A. Except as provided in subsection I of this section, a person who is at least eighteen years of age, who has been adjudicated delinquent or incorrigible and who has fulfilled the conditions of probation or who is discharged from the department of juvenile corrections pursuant to section 41-2820 on successful completion of the individual treatment plan may apply to the juvenile court to set aside the adjudication. The court shall inform the person of this right in writing at the time of the disposition of the case.

B. The person or the person's attorney, probation officer or parole officer may apply to set aside the adjudication. The clerk of the court may not charge a filing fee for an application to set aside an adjudication. The clerk shall transmit a copy of the application to the county attorney in the county where the referral was made.

C. The court may consider the following factors when determining whether to set aside an adjudication:

The nature and circumstances of the offense on which the adjudication is based.
Whether the person has been convicted of a felony offense.
Whether the person has any pending criminal charges.
The victim's input.
Any other factor that is relevant to the application.

D. Except as provided in subsection F of this section, if the court grants the application, the court shall set aside the adjudication, dismiss the petition and order that the person be released from all penalties and disabilities resulting from the adjudication except those imposed by the department of transportation pursuant to section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319.

E. On a showing of good cause, the court may modify any monetary obligation that is imposed by the court except for victim restitution.

F. If the court grants an application, any remaining unpaid victim restitution continues to be owed and is subject to the remedies included in sections 8-344 and 8-345 until the victim restitution is paid.

G. If the court denies an application, the court shall state its reasons for the denial in writing.

H. If a victim has made a request for postadjudication notice, the victim has the right to be present and heard at any hearing on the application. The state shall provide the victim with notice of the application and of the rights provided to the victim in this section.

I. This section does not apply to a person who was adjudicated delinquent for any of the following:

A dangerous offense as defined in section 13-105.
An offense for which there has been a finding of sexual motivation pursuant to section 13-118.
An offense in violation of title 13, chapter 14.
An offense in violation of section 28-1381, 28-1382 or 28-1383 if the offense can be alleged as a prior violation pursuant to title 28, chapter 4.
An offense for which the person has not paid in full the victim restitution ordered by the court.

§ 8-349 Destruction of juvenile records; electronic research records; definition

A. A person who is at least eighteen years of age and who has been adjudicated delinquent or incorrigible may apply for destruction of the person's juvenile court and department of juvenile corrections records if the records involve an adjudication for an offense other than an offense listed in section 13-501, subsection A or B or title 28, chapter 4.

B. The person shall attest to all of the following in the application:

The person is at least eighteen years of age.
The person has not been convicted of a felony offense or adjudicated delinquent for an offense that would be an offense listed in section 13-501, subsection A or B or title 28, chapter 4.
A criminal charge is not pending.
The person has completed all of the terms and conditions of court-ordered probation or been discharged from the department of juvenile corrections pursuant to section 41-2820 on successful completion of the individual treatment plan.
All restitution is paid in full.
The person is not under the jurisdiction of the juvenile court or the department of juvenile corrections.
The person is not currently required to register pursuant to section 13-3821.
The person has either paid all fines in full or has requested the court to modify the outstanding fines pursuant to subsection K of this section.

C. The juvenile court may order the destruction of records under subsection A of this section if the court finds all of the following:

The person is at least eighteen years of age.
The person has not been convicted of a felony offense.
A criminal charge is not pending.
The person was not adjudicated for an offense listed in section 13-501, subsection A or B or title 28, chapter 4.
The person successfully completed the terms and conditions of probation or was discharged from the department of juvenile corrections pursuant to section 41-2820 on successful completion of the individual treatment plan.
All restitution is paid in full.
All fines are either paid in full or have been modified pursuant to subsection K of this section.
The person is not under the jurisdiction of the juvenile court or the department of juvenile corrections.
The person is not currently required to register pursuant to section 13-3821.

D. A person who is not eligible to have the person's records destroyed pursuant to subsection A of this section may apply to have the person's juvenile court and department of juvenile corrections records destroyed pursuant to subsection E of this section. The person shall attest to all of the following in an application:

The person is at least twenty-five years of age.
The person has not been convicted of a felony offense.
A criminal charge is not pending.
All restitution is paid in full.
The person has either paid all fines in full or has requested the court to modify the outstanding fines pursuant to subsection K of this section.
The person is not currently required to register pursuant to section 13-3821.

E. The juvenile court may order the destruction of records if the court finds that all of the following apply to a person who files an application pursuant to subsection D of this section:

The person is at least twenty-five years of age.
The person has not been convicted of a felony offense.
A criminal charge is not pending.
All restitution is paid in full.
All fines are either paid in full or have been modified pursuant to subsection K of this section.
The person is not currently required to register pursuant to section 13-3821.
The destruction of the records would further the rehabilitative process of the applicant.

F. The juvenile court and the department of juvenile corrections may store any records for research purposes.

G. At the juvenile's disposition hearing, the court shall inform the juvenile, in writing, of the right to the destruction of the juvenile's court and department of juvenile corrections records.

H. The clerk of the court may not charge a filing fee for the application to destroy juvenile records.

I. The clerk of the court shall transmit a copy of an application submitted pursuant to this section to the county attorney in the county in which the referral was made.

J. The county attorney may file an objection to an application that is submitted pursuant to this section for the destruction of records.

K. On a showing of good cause, the court may modify any fine imposed by the court except for victim restitution.

L. The juvenile court may not consider outstanding fees, assessments and surcharges when determining whether to destroy the juvenile's court and department of juvenile corrections records.

M. The juvenile court, the clerk of the superior court and the juvenile probation department, either on order of the juvenile court after the person files an application with the court or on notification by the probation department, shall destroy the records that concern a referral or citation that did not result in an adjudication. Records that are eligible for destruction pursuant to this subsection shall be destroyed within ninety days after the person who was the subject of the referral or citation reaches eighteen years of age or when destruction is ordered by the court. The probation department shall send a copy of the notice to the department of public safety central state repository.

N. Within six months after receiving a notification from the superior court that a person's juvenile delinquency or incorrigibility records were destroyed, the department of child safety shall destroy all court, juvenile probation and department of juvenile corrections records that are in the department of child safety's possession and that were produced in the delinquency or incorrigibility matter.

O. The clerk of the court shall notify the department of public safety if a person's record is destroyed pursuant to this section.

P. For the purposes of this section, "successfully" means, in the discretion of the court, the person satisfied the conditions of probation.

§ 8-350 Dangerous offenders; sex offenders; notification to schools; definition

A. If a juvenile is adjudicated delinquent for or convicted of a dangerous offense or a violation of section 13-1405, 13-1406, 13-1410 or 13-1417 and the juvenile is placed on probation and is enrolled in school, the court shall notify the school in which the juvenile is enrolled that the juvenile has been adjudicated delinquent or convicted and is on probation. If the juvenile withdraws from the school while on probation and enrolls in a different school, the court shall provide the notice prescribed by this subsection to the new school in which the juvenile is enrolled.

B. Schools may request from the court the criminal history of individual students to determine if a student has been adjudicated delinquent for or convicted of a dangerous offense or a violation of section 13-1405, 13-1406, 13-1410 or 13-1417.

C. The school in which the juvenile is enrolled shall make the information it receives pursuant to this section available to teachers, parents, guardians or custodians on request.

D. For the purposes of this section, "dangerous offense" has the same meaning prescribed in section 13-105.

§ 8-350.01 Youth sex offenders; treatment; definition

A. If the court or the adult or juvenile probation department places a sex offender in a sex offender treatment program, the treatment provider or, if the treatment is provided by the state department of corrections or the department of juvenile corrections, the state department of corrections or the department of juvenile corrections shall place the offender in a treatment program with similar offenders of a similar age and developmental maturity level, if group treatment is prescribed by the treatment provider.

B. A mental health treatment program that a sex offender is required to participate in by a court, an adult or juvenile probation department, the state department of corrections or the department of juvenile corrections:

Shall comply with the professional code of ethics from the association for the treatment of sexual abusers.
Shall not include the use of images that are in violation of title 13, chapters 35 and 35.1.

C. For the purposes of this section, "sex offender" means a person who is twenty-one years of age or younger who is adjudicated delinquent for or convicted of an offense that involves a violation of title 13, chapter 14 or 35.1 and that does not involve the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

§ 8-350.02 Civil actions by victim or other persons

A juvenile who is adjudicated in a delinquency proceeding is precluded from subsequently denying in any civil proceeding brought by the victim or this state against the adjudicated delinquent the essential allegations of the delinquent act of which the juvenile was adjudicated delinquent, including adjudications resulting from no contest pleas. An order of restitution in favor of a person does not preclude that person from bringing a separate civil action and proving in that action damages in excess of the amount of the restitution order that is actually paid.

Article 4 Juvenile Intensive Probation

§ 8-351 Definition of juvenile intensive probation

In this article, unless the context otherwise requires, "juvenile intensive probation" means a program that is established pursuant to this article of highly structured and closely supervised juvenile probation and that emphasizes individualized interventions and services for juveniles who are deemed appropriate for the program.

§ 8-352 Intensive probation; evaluation; criteria; limit; conditions

A. A juvenile probation officer shall prepare a disposition summary report for every juvenile who has been adjudicated of a delinquent act or of a technical violation of probation.

B. The juvenile probation officer shall evaluate the needs of the juvenile and the juvenile's risk to the community, including the nature of the offense, the delinquent history of the juvenile, the juvenile's history of referrals and adjustments and the recommendation of the juvenile's parents. The juvenile probation officer shall include the recommendation of the juvenile's parents in the disposition summary report. If the nature of the offense and the prior delinquent history of the juvenile indicate that the juvenile should be included in an intensive probation program pursuant to supreme court guidelines for juvenile intensive probation, the juvenile probation officer may recommend to the court that the juvenile be granted intensive probation.

C. After reviewing the juvenile's prior record, the facts and circumstances of the current delinquent act or technical violation of probation and the disposition summary report, the court may grant the juvenile a period of intensive probation.

D. When granting intensive probation the court shall set forth on the record the factual reasons for using the disposition.

E. Intensive probation shall be conditioned on the juvenile:

Participating in one or more of the following, if approved by the court or probation officer, throughout the term of probation:

(a) School.

(b) A treatment program.

(d) Supervised community restitution work.

(e) An activity that improves the juvenile's prosocial skill development, including enhancing the juvenile's relationship with the juvenile's family.

Paying victim restitution, applicable monetary obligations and probation fees, except that the inability to pay probation fees, applicable monetary obligations or victim restitution does not prohibit participation in the intensive probation program.
Remaining at a place of residence at all times except to attend school, work or treatment, to perform community restitution or to participate in prosocial activity, as specifically allowed by the supervising juvenile probation officer, or if in the direct company of a parent, guardian or custodian, as approved by the juvenile probation officer.
Allowing administration of drug and alcohol tests as directed by a juvenile probation officer.
Meeting any other conditions imposed by the court, including electronic monitoring, to meet the needs of the juvenile or to limit the risks to the community.

F. Probation fees shall be deposited in the juvenile probation fund established pursuant to section 12-268.

§ 8-353 Juvenile intensive probation teams; duties; caseload limit

A. The director of juvenile court services in each county, with approval of the presiding juvenile court judge of the superior court, shall appoint juvenile intensive probation teams that may consist of the following:

One juvenile probation officer.
Two juvenile probation officers.
One juvenile probation officer and one surveillance officer.
One juvenile probation officer and two surveillance officers.

B. A one person juvenile intensive probation team shall supervise not more than fifteen juveniles at one time. A two person juvenile intensive probation team shall supervise not more than twenty-five juveniles at one time. A three person juvenile intensive probation team shall supervise not more than forty juveniles at one time.

C. The juvenile intensive probation team shall do all of the following:

Secure and keep a complete identification record of each juvenile supervised by the team and a written statement of the conditions of the probation.
Exercise close supervision and observation over juveniles who are ordered to participate in the intensive probation program including both of the following:

(a) Visual contact with each juvenile at least four times per week or as otherwise deemed appropriate.

(b) Routine contact or verification with the juvenile's school, employer, community restitution agency or treatment program as deemed appropriate.

Obtain and maintain information concerning the conduct of the juvenile participating in the intensive probation program.
Monitor the payment of restitution and monetary obligations imposed by the court.
Perform any other responsibilities required by the terms and conditions imposed by the court.

D. The juvenile intensive probation team may supervise additional juveniles on probation if the director of juvenile court services determines that the juveniles require additional supervision or pose a greater than normal risk to the community and the intensive probation team's total caseload does not exceed the limits prescribed in subsections A and B of this section.

§ 8-354 Modification of supervision

A. The juvenile probation officer shall periodically examine the needs of each juvenile who is granted intensive probation and the risks of modifying the level of supervision of the juvenile. The juvenile probation officer may modify the juvenile's level of intensive probation. The court may at any time modify the placement or the level of supervision of a juvenile who is granted intensive probation.

B. The court may issue a warrant for the arrest of a juvenile who is granted intensive probation. If the juvenile commits an additional offense or violates a condition, the court may revoke intensive probation at any time before the expiration or termination of the period of intensive probation and hold disposition of the juvenile in accordance with section 8-341. If the court finds that a juvenile has committed an additional felony offense that posed a serious threat to or danger to the community or has violated a condition of intensive probation that poses a serious threat to or danger to the community, the court shall revoke intensive probation and hold disposition of the juvenile pursuant to section 8-341.

§ 8-355 School; employment; community restitution programs

The juvenile intensive probation team shall ensure that each juvenile under its supervision is participating in one or more of the following, if approved by the court or probation officer, throughout the term of intensive probation:

School.
A treatment program.
Employment.
A community restitution program.
An activity that improves the juvenile's prosocial skill development, including enhancing the juvenile's relationship with the juvenile's family.

§ 8-357 Budget requests

The presiding juvenile judge of the superior court in the county shall annually submit a proposed budget for the following fiscal year for the juvenile intensive probation program to the supreme court. The supreme court shall review each request and include the counties' requests in its annual budget request and shall allocate to the participating counties the monies appropriated by the legislature for intensive probation.

§ 8-358 Juvenile intensive probation guidelines; report

A. The supreme court shall establish juvenile intensive probation guidelines. In establishing these guidelines, the supreme court shall ensure that both:

Juveniles who are granted intensive probation meet the requirements of section 8-352.
Based on the nature of the offense and the delinquent history of the juvenile, there are reasonable grounds to believe that the juvenile is able to remain at liberty without posing a substantial risk to the community.

B. The supreme court shall annually submit a report stating the number of juveniles supervised on intensive probation during the prior year, the nature of the offense and the delinquent history of each of these juveniles to the governor, the speaker of the house of representatives and the president of the senate at the time of its annual budget request and shall provide a copy of this report to the secretary of state. Beginning July 1, 2011, the report shall be submitted electronically.

C. The supreme court shall contract for an evaluation to determine if the provisions of this article reduce the number of serious repetitive offenses committed by juveniles on intensive probation supervision, shall submit the results of the study to the governor, the speaker of the house of representatives and the president of the senate and shall provide a copy of this study to the secretary of state.

Article 5 Interstate Compact for Juveniles

§ 8-361 Adoption of interstate compact for juveniles

The governor is authorized and directed to enter into a compact on behalf of this state with any of the United States lawfully joined in the compact in a form substantially as follows:

ARTICLE I

PURPOSE

A. This state and the other compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing who have endangered their own safety and the safety of others. The compacting states also recognize that Congress, by enacting the crime control act, 4 United States Code Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

B. It is the purpose of this compact, through means of joint and cooperative action among the compacting states, to do all of the following:

Ensure that adjudicated juveniles and status offenders who are subject to this compact are provided with adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state.
Ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected.
Return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return.
Make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth who need special services.
Provide for the effective tracking and supervision of juveniles.
Equitably distribute the costs, benefits and obligations of the compact among the compacting states.
Establish procedures to manage the movement between states of juvenile offenders who are released to the community under the jurisdiction of courts, juvenile departments or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders.
Ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines.
Establish procedures to resolve pending charges or detainers against juvenile offenders before transfer or release to the community under the terms of this compact.
Establish a system of uniform data collection pertaining to juveniles who are subject to this compact that allows access by authorized criminal justice officials and regular reporting of compact activities to heads of state executive, judicial and legislative branches and criminal justice administrators.
Monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance.
Coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity.
Coordinate the implementation and operation of the compact with the interstate compact for the placement of children, the interstate compact for the supervision of adult offenders and other compacts that affect juveniles, particularly in those cases where concurrent or overlapping supervision issues arise.

C. It is the policy of the compacting states that the activities that are conducted by the interstate commission created under this compact are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles who are subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

"Bylaws" mean those bylaws established by the interstate commission for its governance or for directing or controlling the interstate commission's actions or conduct.
"Commissioner" means the voting representative of each compacting state who is appointed pursuant to Article III of this compact.
"Compact administrator" means the individual in each compacting state who is appointed pursuant to the terms of this compact and who is responsible for the administration and management of the state's supervision and transfer of juveniles who are subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.
"Compacting state" means any state that has enacted the enabling legislation for this compact.
"Court" means any court that has jurisdiction over delinquent, neglected or dependent children.
"Deputy compact administrator" means the individual, if any, in each compacting state who is appointed to act on behalf of a compact administrator pursuant to the terms of this compact and who is responsible for the administration and management of the state's supervision and transfer of juveniles who are subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.
"Interstate commission" means the interstate commission for juveniles established by this compact.
"Juvenile" means any person who is defined as a juvenile in any member state or by the rules of the interstate commission, including:

(a) Accused delinquents. For the purposes of this subdivision, "accused delinquents" means persons who are charged with an offense that, if committed by an adult, would be a criminal offense.

(b) Adjudicated delinquents. For the purposes of this subdivision, "adjudicated delinquents" means persons who have been found to have committed an offense that, if committed by an adult, would be a criminal offense.

(c) Accused status offenders. For the purposes of this subdivision, "accused status offenders" means persons who are charged with an offense that would not be a criminal offense if committed by an adult.

(d) Adjudicated status offenders. For the purposes of this subdivision, "adjudicated status offenders" means persons who have been found to have committed an offense that would not be a criminal offense if committed by an adult.

(e) Nonoffenders. For the purposes of this subdivision, "nonoffenders" means persons who are in need of supervision and who have not been accused or adjudicated as status offenders or delinquents.

"Noncompacting state" means any state that has not enacted the enabling legislation for this compact.
"Probation or parole" means any kind of supervision or conditional release of juveniles that is authorized under the laws of the compacting states.
"Rules" means any written statement by the interstate commission that is adopted pursuant to article VI of this compact, that is of general applicability and that implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural or practice requirement of the commission, and that has the force and effect of statutory law in a compacting state and includes the amendment, repeal or suspension of an existing rule.
"State" means a state of the United States, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Mariana Islands.

ARTICLE III

Interstate commission for juveniles

A. The compacting states hereby create the "interstate commission for juveniles". The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers and duties set forth herein and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

B. The interstate commission shall consist of commissioners who are appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision created under this compact. The commissioner shall be the compact administrator, deputy compact administrator or designee from that state who shall serve on the interstate commission in such capacity under or pursuant to the applicable law of the compacting state.

C. In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations. The noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, interstate compact for the supervision of adult offenders, interstate compact for the placement of children, juvenile justice and juvenile corrections officials and crime victims. All noncommissioner members of the interstate commission shall be ex officio or nonvoting members. The interstate commission may provide in its bylaws for such additional ex officio or nonvoting members, including members of other national organizations, in such numbers as is determined by the commission.

D. Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.

E. The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings, and meetings shall be open to the public.

F. The interstate commission shall establish an executive committee which shall include commission officers, members and others as shall be determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rule making or amendment to the compact, or both. The executive committee oversees the day-to-day activities of the administration of the compact managed by an executive director and interstate commission staff, administers enforcement and compliance with the provisions of the compact, its bylaws and rules and performs other duties as directed by the interstate commission or set forth in the bylaws.

G. Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.

H. The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

I. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and any of its committees may close a meeting to the public if it determines by two-thirds vote that an open meeting would be likely to:

Relate solely to the interstate commission's internal personnel practices and procedures.
Disclose matters specifically exempted from disclosure by statute.
Disclose trade secrets or commercial or financial information which is privileged or confidential.
Involve accusing any person of a crime or formally censuring any person.
Disclose information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy.
Disclose investigative records compiled for law enforcement purposes.
Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity.
Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated person or entity.
Specifically relate to the interstate commission's issuance of a subpoena or its participation in a civil action or other legal proceeding.

J. For every meeting closed pursuant to this article, the interstate commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote reflected in the vote of each member on the question. All documents considered in connection with any action shall be identified in such minutes.

K. The interstate commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules. The rules shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate their information functions with the appropriate repository of records.

ARTICLE IV

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission shall have the following powers:

To provide for dispute resolution among compacting states.
To promulgate rules to effect the purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.
To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the interstate commission.
To enforce compliance with compact provisions, interstate commission rules and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.
To establish and maintain offices which shall be located within one or more of the compacting states.
To purchase and maintain insurance and bonds.
To borrow, accept, hire or contract for services of personnel.
To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by article III which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder.\
To elect or appoint such officers, attorneys, employees, agents or consultants, to fix their compensation, define their duties and determine their qualifications and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel.
To accept any and all donations and grants of money, equipment, supplies, materials and services and to receive, utilize and dispose of them.
To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed.
To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.
To establish a budget and make expenditures and levy dues as provided in article VIII of this compact.
To sue and be sued.
To adopt a seal and bylaws governing the management and operation of the interstate commission.
To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission.
To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity.
To establish uniform standards for the reporting, collecting and exchanging of data.
To maintain its corporate books and records in accordance with the bylaws.

ARTICLE V

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A. The interstate commission, by a majority of the members, within twelve months of the first interstate commission meeting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

Establishing the fiscal year of the interstate commission.
Establishing an executive committee and such other committees as may be necessary.
Providing for the establishment of committees governing any general or specific delegation of any authority or function of the interstate commission.
Providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each such meeting.
Establishing the titles and responsibilities of the officers of the interstate commission.
Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment or reserving, or both, of all of its debts and obligations.
Providing start-up rules for initial administration of the compact.
Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

B. The interstate commission, by a majority of the members, shall elect from among its members a chairperson and a vice-chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission, except that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.

C. The interstate commission, through its executive committee, shall appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, shall not be a member and shall hire and supervise such other staff as may be authorized by the interstate commission.

D. The interstate commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, except that any such person shall not be protected from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.

E. The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.

F. The interstate commission shall defend the executive director or the employees or representatives of the interstate commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.

G. The interstate commission shall indemnify and hold the commissioner of a compacting state, the commissioner's representatives or employees or the interstate commission's representatives or employees harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.

ARTICLE VI

RULE MAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. The interstate commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the Compact.

B. Rule making shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rule making shall substantially conform to the principles of the "model state administrative procedures act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedures act, as the interstate commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States supreme court. All rules and amendments shall become binding as of the date specified in each rule or amendment, as published with the final version of the rule as approved by the interstate commission.

C. When promulgating a rule, the interstate commission, at a minimum, shall:

Publish the proposed rule's entire text stating the reason for the proposed rule.
Allow and invite persons to submit written data, facts, opinions and arguments. This information shall be added to the record and made publicly available.
Provide an opportunity for an informal hearing if petitioned by ten or more persons.
Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.

D. Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of such rule. If the court finds that the interstate commission's action is not supported by substantial evidence in the rule making record, the court shall hold the rule unlawful and set it aside.

E. If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, the rule shall have no further force and effect in any compacting state.

F. The existing rules governing the operation of the interstate compact on juveniles superseded by this act shall be null and void twelve months after the first meeting of the interstate commission created hereunder.

G. Upon determination by the interstate commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, except that the usual rule making procedures provided hereunder shall be retroactively applied to the rule as soon as reasonably possible, but no later than ninety days after the effective date of the emergency rule.

ARTICLE VII

OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION

BY THE INTERSTATE COMMISSION

A. The interstate commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.

B. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes.

C. The compacting states shall report to the interstate commission on issues or activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.

D. On the request of a compacting state, the interstate commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and noncompacting states. The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

E. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in article XI of this compact.

ARTICLE VIII

FINANCE

A. The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

B. The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of each compacting state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs the assessment.

C. The interstate commission shall not incur any obligations of any kind before securing the funds adequate to meet the same. Nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

D. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.

ARTICLE IX

THE STATE COUNCIL

A. Each member state shall create a state council for interstate juvenile supervision. While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial and executive branches of government, victims groups and the compact administrator, deputy compact administrator or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy administrator.

B. Each state council shall exercise oversight and advocacy concerning that state's participation in interstate commission activities and other duties as determined by that state, including, but not limited to, the development of policy concerning operations and procedures of the compact within that state.

ARTICLE X

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

A. Any state, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Mariana Islands as defined in article II of this compact are eligible to become compacting states.

B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the States. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in interstate commission activities on a nonvoting basis before adoption of the compact by all states and territories of the United States.

C. The interstate commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

ARTICLE XI

WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

A. Once effective, the compact shall continue in force and remain binding upon each and every compacting state, except that a compacting state may withdraw from the compact by enacting a statute specifically repealing the statute which enacted the compact into law. The effective date of withdrawal is the effective date of the repeal.

B. The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.

C. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

D. Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.

E. If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules the interstate commission may impose any or all of the following penalties:

Remedial training and technical assistance as directed by the interstate commission.
Alternative dispute resolution.
Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission.
Suspension or termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the interstate commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws or duly promulgated rules and any other grounds designated in commission bylaws and rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination.

F. Within sixty days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature and the state council of such termination.

G. The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

H. The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state.

I. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.

J. The interstate commission, by majority vote of the members, may initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.

K. The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XII

SEVERABILITY AND CONSTRUCTION

A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally construed to effectuate its purposes.

ARTICLE XIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

B. All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.

C. All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding on the compacting states. All agreements between the interstate commission and the compacting states are binding in accordance with their terms.

D. On the request of a party to a conflict over meaning or interpretation of interstate commission actions, and on a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.

E. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.

§ 8-362 Commission assessments

The department of juvenile corrections shall pay the assessment that is levied each year by the interstate commission for juveniles pursuant to section 8-361.

§ 8-363 Juvenile compact administrator, compact commissioner; authority to appoint deputy compact administrator; state council

Pursuant to the compact, the governor shall:

Designate the director of the department of juvenile corrections as the state's interstate compact commissioner and compact administrator. The director of the department of juvenile corrections, acting as the state's interstate compact commissioner and compact administrator, has the authority to appoint and delegate duties to an interstate deputy compact administrator, including the duty to act as this state's voting representative on the interstate commission for juveniles. The compact administrator, compact commissioner and deputy compact administrator shall cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact.
Create a state council and determine its membership in compliance with section 8-361, article IX.

§ 8-364 Financial arrangements

The compact administrator, subject to the approval of the director of the department of administration, may make or arrange for any payments necessary to discharge any financial obligations imposed on this state by the compact or by any supplementary agreement entered into under the compact.

§ 8-365 Responsibilities of state departments, agencies and officers

The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent that may be within their respective jurisdictions.

Article 6 Educational Rehabilitation

§ 8-371 Educational rehabilitation; definition

A. Juveniles who are subject to the supervision of a probation officer pursuant to an order of the juvenile court, or who are otherwise eligible for absolute discharge or conditional liberty from the department of juvenile corrections in accordance with section 41-2816, shall, as a condition of probation or liberty, be required to do one of the following:

Attend school in order to obtain vocational training or to achieve an appropriate educational level as prescribed in consultation with the school the juvenile attends by the juvenile's probation officer or by the department of juvenile corrections. If the juvenile fails to attend school regularly, maintain appropriate school behavior, or make satisfactory progress as determined in consultation with the school by the probation officer or department of juvenile corrections as specified in subsection C of this section and the juvenile does not meet the requirements of paragraph 2 of this subsection:

(a) If the juvenile court retains jurisdiction, the juvenile court shall take appropriate action to enforce, modify or revoke its order granting probation.

(b) If the department of juvenile corrections retains jurisdiction, the department shall act to enforce, modify or revoke its order granting conditional liberty.

Attend an on-the-job training program or secure and maintain employment. If the juvenile fails to attend the program or maintain employment and does not meet the requirements of paragraph 1 of this subsection:

(a) If the juvenile court retains jurisdiction, the juvenile court shall take appropriate action to enforce, modify or revoke its order granting probation.

(b) If the department of juvenile corrections retains jurisdiction, the department shall act to enforce, modify or revoke its order granting conditional liberty.

B. Subsection A of this section does not apply to juveniles who pass the general educational development test or earn a high school diploma. Subsection A, paragraph 2 of this section does not apply to a juvenile required to attend school under section 15-802.

C. If the juvenile chooses to meet the requirements of subsection A of this section by attending a public school:

If the juvenile had previously been expelled from school, prior to readmission of that juvenile to the school, school officials shall meet with the appropriate juvenile court probation officer or department of juvenile corrections case manager and assist in developing conditions of probation or conditional liberty that will provide specific guidelines for behavior and consequences for misbehavior at school as well as educational objectives that must be achieved. If the juvenile is under the jurisdiction of the juvenile court, the court shall review the conditions of probation for the juvenile and may continue the expulsion or return the child to school under the agreed conditions. If the juvenile is under the jurisdiction of the department of juvenile corrections, the department shall review the terms of conditional liberty for the juvenile and may continue the expulsion or return the child to school under the agreed conditions. The governing board may expel the juvenile for subsequent actions as provided in title 15, chapter 8, article 3.
The juvenile shall on release be screened by the school to which the juvenile is admitted for possible disabilities as provided in section 15-761, paragraph 2 and, if the screening so indicates, be referred for evaluation for possible placement in a special education program.

D. The school district of residence and the juvenile court or the department of juvenile corrections may establish education, counseling or other programs in order to improve the behavior and educational performance of juveniles covered by this section.

E. For the purposes of this section, "child" or "juvenile" includes a person who is under eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, under nineteen years of age.

Article 7 Victims' Rights for Juvenile Offenses

§ 8-381 Applicability

This article applies to acts that are committed by a juvenile and that if committed by an adult would be either:

A misdemeanor offense.
A felony offense.
A petty offense.
A violation of a local criminal ordinance.

§ 8-382 Definitions

In this article, unless the context otherwise requires:

"Accused" means a juvenile who is referred to juvenile court for committing a delinquent act.
"Appellate proceeding" means any contested matter before the state court of appeals, the state supreme court, a federal court of appeals or the United States supreme court.
"Arrest" means the actual custodial restraint or temporary custody of a person.
"Court" means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency.
"Crime victim advocate" means a person who is employed or authorized by a public or private entity to provide counseling, treatment or other supportive assistance to crime victims.
"Custodial agency" means any law enforcement officer or agency, a sheriff, a county juvenile detention center, the department of juvenile corrections or a secure mental health facility that has custody of a person who is arrested or in custody for a delinquent or incorrigible offense.
"Delinquency proceeding" means any hearing, argument or other matter that is scheduled or held by a juvenile court judge, commissioner or hearing officer and that relates to an alleged or adjudicated delinquent offense.
"Delinquent" means a child who is adjudicated to have committed a delinquent act.
"Delinquent act" means an act to which this article applies pursuant to section 8-381.
"Detention hearing" means the accused's initial appearance before the court to determine release before adjudication.
"Final disposition" means the ultimate termination of the delinquency proceeding by a court, including dismissal, acquittal, transfer to adult court or imposition of a disposition after an adjudication for a delinquent offense.
"Immediate family" means a victim's spouse, parent, child, sibling, grandparent or lawful guardian.
"Juvenile defendant" means a juvenile against whom a petition is filed seeking to have the juvenile adjudicated delinquent.
"Lawful representative" means a person who is designated by the victim or appointed by the court and who will act in the best interests of the victim.
"Postadjudication release" means release on probation, intensive probation, work furlough, community supervision or home detention, release on conditional liberty pursuant to section 41-2818 by the department of juvenile corrections or any other permanent, conditional or temporary release from confinement, discharge or completion of commitment by the department of juvenile corrections, a sheriff, a municipal jail, a juvenile detention center, a residential treatment facility or a secure mental health facility.
"Postadjudication review hearing" means a hearing that is held in open court and that involves a request by the juvenile for review of a disposition.
"Postarrest release" means the discharge of the accused from confinement.
"Release" means no longer in the custody of the custodial agency and includes transfer from one custodial agency to another custodial agency.
"Rights" means any right granted to the victim by the laws of this state.
"Victim" means a person against whom the delinquent act was committed, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused.

§ 8-383 Implementation of rights and duties

A. Except as provided in sections 8-386 and 8-412 and section 8-389, subsection B, the rights and duties that are established by this article arise on the arrest or formal charging of a juvenile who is alleged to be responsible for a delinquent act against a victim. The rights and duties continue to be enforceable pursuant to this article until the final disposition of the charges, including acquittal or dismissal of the charges, all postadjudication release, review and appellate proceedings and the discharge of all proceedings related to restitution. If a delinquent is ordered to pay restitution to a victim, the rights and duties continue to be enforceable until restitution is paid or a judgment is entered in favor of the victim pursuant to section 8-344.

B. If a juvenile's adjudication is reversed and the case is returned to the juvenile court for further proceedings, the victim has the same rights that were applicable to the delinquency proceedings that led to the appeal or other postadjudication relief proceeding.

C. After the final termination of a delinquency proceeding by dismissal or acquittal, a person who has received notice and has the right to be present and be heard pursuant to the victims' bill of rights, article II, section 2.1, Constitution of Arizona, this article or any court rule is no longer entitled to those rights.

§ 8-383.01 Victims' rights; dismissed counts

A. If a criminal offense against a victim has been charged but the prosecution on the count or counts involving the victim has been or is being dismissed as the result of a plea agreement in which the defendant is pleading to or pled to other charges, the victim of the offenses involved in the dismissed counts, on request, may exercise all the applicable rights of a crime victim throughout the criminal justice process as though the count or counts involving the person had not been dismissed.

B. As to each count that is dismissed, the prosecutor shall notify the probation department if the victim requested the victim's rights pursuant to this article.

C. For each victim who is involved in the dismissed counts and who requested the victim's rights, the prosecutor shall forward to the probation department information within the prosecutor's possession that would enable the probation department to carry out its duties as prescribed by this article.

§ 8-384 Inability to exercise rights; designation of others; notice; representative for a minor or vulnerable adult; definition

A. If a victim is physically or emotionally unable to exercise any right but is able to designate a lawful representative who is not a bona fide witness, the designated person may exercise the same rights that the victim is entitled to exercise. The victim may revoke this designation at any time and exercise the victim's rights.

B. If a victim is incompetent, deceased or otherwise incapable of designating another person to act in the victim's place, the court may appoint a lawful representative who is not a witness. If at any time the victim is no longer incompetent, incapacitated or otherwise incapable of acting, the victim may personally exercise the victim's rights.

C. If the victim is a minor or vulnerable adult the victim's parent or other immediate family member may exercise all of the victim's rights on behalf of the victim. If the delinquent act is alleged against a member of the minor's or vulnerable adult's immediate family, these rights may not be exercised by that person but may be exercised by another member of the immediate family unless the court, after considering the guidelines in subsection D of this section, finds that another person would better represent the interests of the minor or vulnerable adult for purposes of this chapter.

D. The court shall consider the following guidelines in appointing a representative for a minor or vulnerable adult victim:

Whether the minor or vulnerable adult has a relative who would not be so substantially affected or adversely impacted by the conflict resulting from the allegation of a delinquent act against a member of the immediate family of the minor or vulnerable adult that the representative could not represent the victim.
The representative's willingness and ability to do all of the following:

(a) Undertake working with and accompanying the minor or vulnerable adult victim through all proceedings, including delinquency, civil and dependency proceedings.

(b) Communicate with the minor or vulnerable adult victim.

(c) Express the concerns of the minor or vulnerable adult to those authorized to come in contact with the minor or vulnerable adult as a result of the proceedings.

The representative's training, if any, to serve as a minor or vulnerable adult victim's representative.
The likelihood of the representative being called as a witness in the case.

E. The minor or vulnerable adult victim's representative shall accompany the minor or vulnerable adult victim through all proceedings, including delinquency, criminal, dependency and civil proceedings, and, before the minor's or vulnerable adult's courtroom appearance, shall explain to the minor or vulnerable adult the nature of the proceedings and what the minor or vulnerable adult will be asked to do, including telling the minor or vulnerable adult that the minor or vulnerable adult is expected to tell the truth. The representative shall be available to observe the minor or vulnerable adult in all aspects of the case in order to consult with the court as to any special needs of the minor or vulnerable adult. Those consultations shall take place before the minor or vulnerable adult testifies. The court may recognize the minor or vulnerable adult victim's representative when the representative indicates a need to address the court. A minor or vulnerable adult victim's representative shall not discuss the facts and circumstances of the case with the minor or vulnerable adult witness, unless the court orders otherwise on a showing that it is in the best interests of the minor or vulnerable adult.

F. Any notices that are to be provided to a victim pursuant to this article shall be sent only to the victim or the victim's lawful representative.

G. For the purposes of this section, "vulnerable adult" has the same meaning prescribed in section 13-3623.

§ 8-385 Limited rights of a legal entity

Any corporation, partnership, association or other legal entity that, except for its status as an artificial entity, would be included in the definition of victim in section 8-382 shall be afforded the following rights:

Within a reasonable time after arrest, the prosecutor shall notify the legal entity of the right to appear and be heard at any proceeding relating to restitution or disposition of the delinquent.
The prosecutor shall notify the legal entity of the right to submit to the court a written statement containing information and opinions on restitution and disposition in its case.
On request, the prosecutor shall notify the legal entity in a timely manner of the date, time and place of any proceeding relating to restitution or disposition of the delinquent.
A lawful representative of the legal entity has the right, if present, to be heard at any proceeding relating to restitution or disposition of the delinquent.

§ 8-385.01 Victims' rights for neighborhood associations

A. A neighborhood association may register with the city, town or county in which the neighborhood association is located to invoke the rights that are afforded pursuant to this article. The city, town or county shall establish procedures for the registration of neighborhood associations pursuant to this section. The procedures shall require the neighborhood association to provide to the city, town or county the name and telephone number of one person who shall act on behalf of the neighborhood association and who may receive notice or invoke rights pursuant to this section. The neighborhood association shall notify the city, town or county of any changes to this information. If the neighborhood association fails to keep this information current, the neighborhood association is deemed to have waived its rights under this section.

B. Notwithstanding any law to the contrary, if a juvenile commits an act that if committed by an adult would be a crime under section 13-1602, subsection A, paragraph 5, section 13-3102, subsection A, paragraph 9, section 13-3201 or 13-3204, section 13-3208, subsection B or section 13-3209, 13-3405, 13-3407, 13-3408, 13-3421 or 13-4702, a neighborhood association that is registered with a city, town or county pursuant to subsection A of this section may receive notice or may invoke rights pursuant to the following sections:

Section 8-390.
Section 8-400.
Section 8-405.

C. Sections 8-407, 8-413 and 8-415 apply to all matters in which a neighborhood association invokes rights under this section.

D. If the neighborhood association wishes to invoke victims' rights for a crime as prescribed in subsection B of this section that resulted in an arrest, the person who is registered with the city, town or county pursuant to subsection A of this section shall contact the law enforcement agency responsible for the arrest. The law enforcement agency shall fill out the form prescribed by section 8-386. Thereafter the neighborhood association, through the contact person, shall be afforded all of the rights listed under subsection B of this section.

§ 8-386 Information provided to victim by law enforcement agencies

A. As soon after the detection of an offense as the victim may be contacted without interfering with an investigation or arrest, the law enforcement agency responsible for investigating the offense shall provide electronic forms, pamphlets, information cards or other materials to the victim:

That allows the victim to request or waive applicable rights to which the victim is entitled, on request, under this article.
That provides the victim a method to designate a lawful representative if the victim so chooses pursuant to section 8-384, subsection A or section 8-385.
That provides notice to the victim of all of the following information:

(a) The victim's right under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, to be treated with fairness, respect and dignity and to be free of intimidation, harassment or abuse throughout the criminal or juvenile justice process.

(b) The availability, if any, of crisis intervention services and emergency and medical services and, if applicable, that medical expenses arising out of the need to secure evidence may be reimbursed pursuant to section 13-1414.

(c) In cases involving domestic violence, the procedures and resources available to protect the victim pursuant to section 13-3601.

(d) The names and telephone numbers of public and private victim assistance programs, including the county victim compensation program and programs that provide counseling, treatment and other support services.

(e) The police report number, if available, other identifying case information and the following statement:

If within thirty days you are not notified of an arrest in your case, you may call (the law enforcement agency's telephone number) for the status of the case.

(f) Whether the suspect is an adult or juvenile, the victim will be notified by the law enforcement agency at the earliest opportunity after the arrest of a suspect.

(g) If the suspect is a juvenile and the officer requests that the accused be detained, a statement of the victim's right, on request, to be informed if the juvenile will be released or will be detained pending the detention hearing and of the victim's right to be present and heard at the detention hearing and that, to exercise these rights, the victim must contact the detention screening section of the juvenile probation department immediately to request notice of all of the following:

(i) The juvenile's release.

(ii) The date, time and place of the detention hearing and any changes to that schedule.

(iii) If the victim chooses to exercise the right to be heard through a written statement, how that statement may be submitted to the court.

(h) That the victim or the immediate family member of the victim, if the victim is killed or incapacitated, has the right to receive one copy of the police report, including any supplements to the report, audio recordings and video recordings from the investigating law enforcement agency or charging prosecutorial agency at no charge pursuant to section 39-127.

B. If at the time of contact with a law enforcement agency the victim is physically or emotionally unable to request or waive applicable rights, the law enforcement agency shall designate this in a format that is authorized by subsection A of this section and the entities that may be subsequently affected shall presume that the victim invoked the victim's right to request applicable rights to which the victim is entitled, on request, unless the victim later waives those rights.

C. The law enforcement agency shall submit one copy of the victim's request or waiver of predisposition rights form to the detention center, if the arresting officer is requesting that the accused be detained, at the time the juvenile is taken to detention. If detention is not requested, the form copies shall be submitted to the juvenile probation intake section at the time the case is otherwise referred to court. The probation intake section shall submit a copy of the victim's request or waiver of predisposition rights form to the prosecutor and the departments or governmental agencies, as applicable, that are mandated by this article to provide victims' rights services on request.

D. If the accused juvenile is cited and released by an Arizona traffic ticket and complaint form pursuant to section 8-323, the law enforcement agency shall inform the victim how to obtain additional information about subsequent proceedings.

E. Law enforcement agencies within a county may establish different procedures designed to efficiently and effectively provide notice of the victim's rights pursuant to this article and notice to affected entities of victim request or waiver information. If different procedures are established, the procedures shall:

Be reported to the entities within a county affected by the procedures and reported to the attorney general.
Be designed so that detention centers within a county receive notice of the victim's request or waiver of the victim's predisposition rights at the same time that an accused juvenile is detained.
Be designed so that the juvenile probation intake section of the county receives notice of the victim's request or waiver of the victim's predisposition rights at the same time that the case is referred to court.
Provide that the notice to affected entities of a victim's request or waiver of the victim's predisposition rights includes information that allows the affected entity to contact the victim.
Be supported by the use of electronic forms, brochures or other written materials developed by the law enforcement agencies within a county and reviewed by the attorney general pursuant to section 8-398, subsection B.

§ 8-386.01 Issuance and execution of arrest warrants

A. On the issuance of an arrest warrant, the court issuing the warrant shall state in the warrant whether the person named in the warrant is to be arrested for or is to be charged with committing an offense to which this article applies or that is materially related to an offense to which this article applies.

B. On receipt of notice of an arrest or an impending arrest of a juvenile and if applicable pursuant to subsection A of this section, the agency that is responsible for holding the original warrant shall notify the law enforcement agency that was responsible for the original investigation of the offense of the impending detainment of the juvenile who is arrested on the law enforcement agency's warrant.

C. On receiving notice that the warrant was executed pursuant to subsection B of this section, the law enforcement agency that was responsible for the original investigation of the offense shall do all of the following if the victim has requested notice pursuant to section 8-386:

Notify the victim of the arrest and advise the victim that to exercise the right to be informed if the juvenile is released the victim must contact the detention center of the juvenile probation department immediately.
Inform the victim of the telephone number of the detention center in which the juvenile is detained.
Provide the detention center with the victim information pursuant to section 8-386 so that the detention center may notify the victim of the release or escape of the juvenile pursuant to section 8-393, if applicable.

D. A law enforcement agency is not required to provide victim information pursuant to section 8-386, subsections C and E to the custodial agency at the time a juvenile is detained unless the law enforcement agency that performs the warrant arrest is also the law enforcement agency that was responsible for the original investigation of the offense.

E. The victim's right to be informed of an arrest or a release pursuant to an executed warrant applies to warrants that are issued on or after September 1, 1996.

F. Law enforcement, courts and juvenile custodial agencies are not liable pursuant to section 8-393 for the failure to inform a victim of the arrest or release of a juvenile on warrants that were issued before September 1, 1996.

§ 8-387 Notice of terms and conditions of release

On the request of the victim, the juvenile probation department or the department of juvenile corrections shall provide a copy of the terms and conditions of release. The copy of the terms and conditions of release may be provided to the victim in an electronic form, pamphlet, information card or other material.

§ 8-388 Notice of diversion

If an accused is accepted into a diversion program pursuant to section 8-321, the probation department administering the program shall give the victim notice of the conditions that the accused must comply with in order for the complaint or citation to be adjusted or dismissed. The notice shall state whether restitution was required and that, on request of the victim, the victim has the right to be notified of the accused's completion of or termination from the program.

§ 8-389 Preliminary notice of rights

A. If the victim has requested notice and if the accused is in custody at the time of charging, or seven days after the prosecutor charges a delinquent offense if the accused is not in custody, the prosecutor's office shall give the victim notice of the following:

All of the victim's rights through disposition under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, this article and court rules.
The charge or charges against the accused and a clear and concise statement of the procedural steps involved in a delinquency prosecution.
The procedures a victim shall follow to invoke the victim's right to confer with the prosecuting attorney pursuant to section 8-399.
The person within the prosecutor's office to contact for more information.

B. Notwithstanding subsection A of this section, if a prosecutor declines to proceed with a prosecution after the final submission of a case by a law enforcement agency at the end of an investigation, the prosecutor, before the decision not to proceed is final, shall notify the victim and provide the victim with the reasons for declining to proceed with the case. The notice shall inform the victim of the victim's right on request to confer with the prosecutor before the decision not to proceed is final.

§ 8-390 Notice of proceedings

A. The court shall give notice to the prosecutor's office in a timely manner of any changes in scheduled proceedings.

B. Except for detention hearings the court shall provide notice of all proceedings to the prosecutor's office at least five days before a scheduled proceeding.

C. If the court finds that it is not reasonable to provide the five days' notice to the prosecutor's office pursuant to subsection B, the court shall state in the record why it was not reasonable to provide five days' notice.

D. On receiving the notice from the court, the prosecutor's office shall, on request, provide notice to the victim in a timely manner of scheduled proceedings, any changes in the schedule and that a predisposition or disposition proceeding may occur immediately following adjudication.

§ 8-391 Notice of adjudication; impact statement

A. On request the prosecutor's office, within fifteen days after the adjudication, transfer, acquittal or dismissal of the charges against the accused, shall give notice to the victim of the offense or offenses for which the accused was adjudicated delinquent, transferred for adult prosecution or acquitted or of the charges dismissed against the juvenile defendant.

B. If the juvenile is adjudicated delinquent and the victim has requested notice, the prosecutor's office shall notify the victim, if applicable, of:

The function of the predisposition report.
The name and telephone number of the probation department that is preparing the predisposition report.
The right to make a victim impact statement under section 8-404.
The right to receive portions of the predisposition report pursuant to section 8-404, subsection C.
The right to be present and be heard at any predisposition or disposition proceeding pursuant to section 8-405.
The time, place and date of the disposition proceeding.
If the court orders restitution, the right to have a judgment entered for any unpaid amount and to file a restitution lien pursuant to section 8-345.
The right of the defense to view the predisposition report.

C. The victim shall be informed that the victim's impact statement may include the following:

An explanation of the nature and extent of any physical, psychological or emotional harm or trauma suffered by the victim.
An explanation of the extent of any economic loss or property damage suffered by the victim.
An opinion of the need for and extent of restitution.
Whether the victim has applied for or received any compensation for the loss or damage.

D. Notice provided pursuant to this section does not remove the probation department's responsibility to initiate the contact between the victim and the probation department concerning the victim's economic, physical, psychological or emotional harm. At the time of contact, the probation department shall advise the victim of the date, time and place of the disposition proceeding and of the victim's right, if present, to be heard at that proceeding.

§ 8-392 Notice of postadjudication review and appellate proceedings

A. Within fifteen days after the disposition proceeding the prosecutor's office, on request, shall notify the victim of the disposition imposed on the juvenile defendant.

B. The prosecutor's office shall provide the victim with a form that allows the victim to request postadjudication notice of all postadjudication review and appellate proceedings, all postadjudication release proceedings, all probation modification proceedings that impact the victim, all probation revocation or termination proceedings, all conditional liberty revocation proceedings or modifications to conditional liberty, any decisions that arise out of these proceedings, all releases and all escapes.

C. The prosecutor's office shall advise the victim on how the completed request form may be filed with the appropriate agencies and departments.

D. On request of the victim, the prosecutor's office that is responsible for handling any postadjudication or appellate proceedings shall notify the victim of the proceedings and any decisions that arise out of the proceedings.

E. The supreme court or court of appeals shall send a victim who requests notice pursuant to this section a copy of the memorandum decision or opinion from the issuing court concurrently with the parties. If the victim is represented by counsel, the notice shall be provided to the victim's counsel.

§ 8-392.01 Notice of right to request not to receive committed youth communication; definition

A. Within fifteen days after a juvenile defendant is committed to the department of juvenile corrections, the prosecutor's office shall notify the victim of the right of the victim, any member of the victim's family or any member of the victim's household to request not to receive any communication from the committed youth who was adjudicated delinquent for an offense committed against the victim. The notice shall:

Be made on the postadjudication notice request form provided by the prosecutor to the victim pursuant to section 8-392.
Inform the victim of the right of the victim, or any member of the victim's family or household who is denoted by the victim on the form, to request not to receive any communication from the committed youth.
Instruct the victim how to file the completed request form with the department of juvenile corrections.
Include the following statement:

If the juvenile defendant is incarcerated in the department of juvenile corrections, you have the right to request that the juvenile defendant not send you, members of your family or members of your household any communication. If the juvenile defendant sends you or your family or household members any communication after you have made this request, you or the members of your family or household have the right to report the incident to the department of juvenile corrections for sanctions against the juvenile defendant.

B. On receipt of a postadjudication notice request form in which a request not to receive any communication is indicated, the department of juvenile corrections shall notify the committed youth of the request and that making any communication to the victim, or the family or household members who are denoted by the victim, shall result in appropriate sanctions.

C. The department of juvenile corrections shall not knowingly allow any communication to any person who requests not to receive any committed youth communication pursuant to this section.

D. For the purposes of this section, "communication" means any written, verbal or nonverbal communication, including mail, electronic communications and telephone calls.

§ 8-393 Notice of release or escape

A. The custodial agency shall immediately notify the victim of the postarrest release or escape of the accused.

B. The department of juvenile corrections shall immediately give notice to a victim and the prosecutor's office of an escape by, and again upon the subsequent rearrest of, the accused or delinquent who was detained or committed to the department and confined in a secure care facility and who committed a delinquent act against the victim. The department shall give notice by any reasonable means.

§ 8-394 Notice of delinquent's status

A. If the victim has made a request for postadjudication notice, the director of the department of juvenile corrections shall mail to the victim the following information about a delinquent in the custody of the department of juvenile corrections:

Within thirty days after the request, notice of the earliest release date of the delinquent.
At least fifteen days before the delinquent's release, notice of the release.
Within fifteen days after the delinquent's death, notice of the death.

B. If the victim has made a request for postadjudication notice, the custodial agency having custody of the delinquent shall mail to the victim notice of release at least fifteen days before the delinquent's release or notice of death within fifteen days after the delinquent's death.

§ 8-395 Notice of postadjudication release; right to be heard; hearing; final decision; free electronic recording

A. The victim has the right to be present and be heard at any proceeding in which postadjudication release from confinement is being considered and the right to submit a statement to the department of juvenile corrections when a request for discharge on successful completion of the individual treatment plan is considered pursuant to section 41-2820.

B. If the victim has made a request for postadjudication notice, at least fifteen days before the hearing or before the juvenile's discharge is considered pursuant to section 41-2820, the department of juvenile corrections shall give to the victim written notice of the hearing and of the victim's right to be present and be heard at the hearing or to submit a statement to the department regarding the request for discharge.

C. If the victim has made a request for postadjudication notice, the department of juvenile corrections shall give notice to the victim of the decision reached by the department. The department shall mail the notice within fifteen days after the department reaches its decision.

D. Any electronic recordings that are made during a postadjudication release hearing shall be provided, on request, to the victim free of charge.

§ 8-396 Notice of probation modification, termination or revocation disposition matters; notice of arrest

A. On request of a victim who has provided an address or other contact information, the probation department shall notify the victim of any of the following:

A probation revocation disposition proceeding or any proceeding in which the court is asked to terminate the probation or intensive probation of the delinquent who committed the delinquent act against the victim.
Any hearing on a proposed modification of the terms of probation or intensive probation.
The arrest of a delinquent pursuant to a warrant issued for a probation violation.

B. On request of a victim who has provided a current address or other current contact information, the probation department shall notify the victim of the following:

Any proposed modification to any term of probation if the modification affects restitution or incarceration status or the delinquent's contact with or the safety of the victim.
The victim's right to be heard at a hearing that is set to consider any modification to be made to any term of probation.
Any violation of any term of probation that results in the filing with the court of a petition to revoke probation.
That a petition to revoke probation alleging that the juvenile absconded from probation has been filed with the court.
Any conduct by the juvenile that raises a substantial concern for the victim's safety.

C. If a victim has requested postadjudication notice and probation is revoked and the juvenile is committed to the department of juvenile corrections, the probation department shall notify the department of juvenile corrections of the victim's request.

D. On request of the victim, the department of juvenile corrections shall notify the victim of any of the following:

Any proceeding in which the department may revoke the conditional liberty of the delinquent who committed the delinquent act against the victim.
A modification of the terms of conditional liberty only if the modification will substantially affect the delinquent's contact with the victim or the safety of the victim or if the modification affects restitution or secure care status.
The arrest of a delinquent pursuant to a warrant issued for a conditional liberty violation.

§ 8-397 Notice of release, discharge or escape from a mental health treatment agency or residential treatment

A. If the victim has made a request for notice, the probation department or the department of juvenile corrections, whichever has supervision of the accused or delinquent, shall provide the victim, at least ten days before the release or discharge of the accused or delinquent, with notice of the release or discharge of the accused or delinquent who is placed by court order in a mental health treatment agency or a residential treatment agency. The mental health treatment agency or residential treatment agency that has custody of the accused or delinquent shall notify the probation department or department of juvenile corrections, whichever has supervision of the accused or delinquent, at least thirty days before the release or discharge of the accused or delinquent.

B. The probation department or the department of juvenile corrections, whichever has supervision of the accused or delinquent, shall provide notice to the victim immediately after the escape or subsequent readmission of the accused or the delinquent notice of the escape or subsequent readmission of the accused or the delinquent who is placed by court order in a mental health treatment agency or a residential treatment agency. The mental health treatment agency or residential treatment agency that has custody of the accused or delinquent shall immediately notify the probation department or the department of juvenile corrections, whichever has supervision of the accused or delinquent, of the escape, runaway or subsequent readmission of the accused or delinquent.

§ 8-398 Request for notice; forms; notice system

A. The victim shall provide to and maintain with the law enforcement agency that is responsible for providing notice to the victim a request for notice on a form that is provided by that agency or the investigating law enforcement agency. The form shall include a telephone number and address. If the victim fails to keep the victim's telephone number and address current, the victim's request for notice is withdrawn. At any time the victim may request notice of subsequent proceedings by filing on a request form provided by the agency the victim's current telephone number and address.

B. All notices provided to a victim pursuant to this article shall be on forms developed or reviewed by the attorney general.

C. The court and all agencies that are responsible for providing notice to the victim shall establish and maintain a system for the receipt of victim requests for notice.

§ 8-399 Victim conference with prosecuting attorney

A. On request of the victim, the prosecuting attorney shall confer with the victim about the disposition of a delinquent offense, including the victim's views about a decision not to proceed with prosecution, dismissal, withdrawal of a request for transfer, plea or disposition negotiations and, if a petition has been filed, preadjudication diversion programs.

B. On request of the victim, the prosecuting attorney shall confer with the victim before the commencement of an adjudication or transfer hearing.

C. The right of the victim to confer with the prosecuting attorney does not include the authority to direct the prosecution of the case.

§ 8-400 Proceedings; right to be present

The victim has the right to be present throughout all court hearings in which the accused or delinquent has the right to be present.

§ 8-401 Detention hearing

The victim has the right to be heard at the detention hearing of the person suspected of committing the delinquent act against the victim.

§ 8-402 Postarrest detention decisions

The victim has the right to be heard at any proceeding in which the court considers the postarrest release of the juvenile accused of committing a delinquent act against the victim or the conditions of that release.

§ 8-403 Plea negotiation

A. On request of the victim, the victim has the right to be present and be heard at any proceeding in which a negotiated plea for the juvenile accused of committing the delinquent act against the victim will be presented to the court.

B. The court shall not accept a plea agreement unless:

The prosecuting attorney advises the court that before requesting the negotiated plea reasonable efforts were made to confer with the victim pursuant to section 8-399.
Reasonable efforts are made to give the victim notice of the plea proceeding pursuant to section 8-390 and to inform the victim that the victim has the right to be present and, if present, to be heard.
The prosecuting attorney advises the court that to the best of the prosecutor's knowledge notice requirements of this chapter have been complied with and the prosecutor informs the court of the victim's position, if known, regarding the negotiated plea.

§ 8-404 Impact statement; predisposition report

A. The victim may submit a written impact statement or make an oral impact statement to the probation officer for the officer's use in preparing a predisposition or transfer report.

B. In preparing the predisposition or transfer report, the probation officer shall consider the economic, physical and psychological impact that the delinquent act has had on the victim and the victim's immediate family.

C. On request, the probation department shall provide the victim with the following information from the predisposition report:

The referral history.
The probation officer's assessment of the case.
The disposition and treatment recommendations.
The probation officer's recommendations for treatment and disposition.
The detention history.

§ 8-405 Disposition

A. The victim may present evidence, information and opinions that concern the delinquent act, the delinquent, the disposition or the need for restitution at any predisposition or disposition proceeding.

B. At any disposition proceeding the victim has the right to be present and to address the court.

§ 8-406 Probation modification, revocation disposition or termination proceedings

A. The victim has the right to be present and be heard at any probation revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation or intensive probation of a delinquent who committed a delinquent act against the victim.

B. The victim has the right to be heard at any proceeding in which the court is requested to modify the terms of probation or intensive probation of a delinquent if the modification will substantially affect the delinquent's contact with or safety of the victim or if the modification involves restitution or incarceration status.

§ 8-407 Victim's discretion; form of statement

A. The victim has discretion to exercise the victim's rights under this article to be present and be heard at a court proceeding, and the absence of the victim at the court proceeding does not preclude the court from continuing the proceeding.

B. Except as provided in subsection C of this section, a victim's right to be heard may be exercised through an oral statement, submission of a written statement or submission of a statement through audiotape or videotape or any other video or digital media that is available to the court.

C. If a person against whom a delinquent act has been committed is in custody for an offense, the person may be heard by submitting a written statement to the court.

§ 8-408 Return of victim's property; release of evidence

A. On request of the victim and after consultation with the prosecuting attorney, the law enforcement agency responsible for investigating the delinquent act shall return to the victim any property belonging to the victim that was taken during the course of the investigation or shall inform the victim of the reasons why the property will not be returned. The law enforcement agency shall make reasonable efforts to return the property to the victim as soon as possible.

B. If the victim's property has been admitted as evidence during a hearing, the court may order its release to the victim if a photograph or photocopy can be substituted. If evidence is released pursuant to this subsection, the accused's attorney or investigator may inspect and independently photograph or photocopy the evidence before it is released.

§ 8-409 Consultation between crime victim advocate and victim; privileged information; exception

A. A crime victim advocate shall not disclose as a witness or otherwise any communication made by or with the victim, including any communication made to or in the presence of others, unless the victim consents in writing to the disclosure.

B. Unless the victim consents in writing to the disclosure, a crime victim advocate shall not disclose records, notes, documents, correspondence, reports or memoranda that contain opinions, theories or other information made while advising, counseling or assisting the victim or that are based on communications made by or with the victim, including communications made to or in the presence of others.

C. The communication is not privileged if the crime victim advocate knows that the victim will give or has given perjured testimony or if the communication contains exculpatory material.

D. An accused may make a motion for disclosure of privileged information. If the court finds there is reasonable cause to believe the material is exculpatory, the court shall hold a hearing in camera. Material that the court finds is exculpatory shall be disclosed to the accused.

E. If, with the written or verbal consent of the victim, the crime victim advocate discloses to the prosecutor or a law enforcement agency any communication between the victim and the crime victim advocate or any records, notes, documents, correspondence, reports or memoranda, the prosecutor or law enforcement agent shall disclose the material to the accused's attorney only if the information is otherwise exculpatory.

F. Notwithstanding subsections A and B of this section, if a crime victim consents either verbally or in writing, a crime victim advocate may disclose information to other professionals and administrative support persons that the advocate works with for the purpose of assisting the advocate in providing services to the victim and to the court in furtherance of any victims' right pursuant to this chapter.

§ 8-410 Minimizing victim's contacts

Before, during and immediately after any court proceeding, the court shall provide appropriate safeguards to minimize the contact that occurs between the victim, the victim's immediate family and the victim's witnesses and the accused, the accused's immediate family and defense witnesses.

§ 8-411 Motion to revoke release

If the prosecutor decides not to move to revoke the release of the juvenile defendant, the prosecutor shall inform the victim that the victim may petition the court to revoke the release of the juvenile defendant based on the victim's notarized statement asserting that harassment, threats, physical violence or intimidation against the victim or the victim's immediate family by the juvenile defendant or on behalf of the juvenile defendant has occurred.

§ 8-412 Victim's right to refuse an interview; applicability

A. Unless the victim consents, the victim shall not be compelled to submit to an interview on any matter, including any alleged delinquent act witnessed by the victim and that occurred on the same occasion as the delinquent act against the victim, or filed in the same petition or consolidated for an adjudication hearing, that is conducted by the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant.

B. The juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant shall only initiate contact with the victim through the prosecutor's office. The prosecutor's office shall inform the victim of the juvenile defendant's request for an interview within ten days after the request and shall advise the victim of the victim's right to refuse the interview.

C. The prosecutor shall not be required to forward any correspondence from the juvenile defendant, the juvenile defendant's attorney or an agent of the juvenile defendant to the victim or the victim's representative.

D. If the victim consents to an interview, the prosecutor's office shall inform the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant of the time and place the victim has selected for the interview. If the victim wishes to impose other conditions on the interview, the prosecutor's office shall inform the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant of the conditions. The victim has the right to terminate the interview at any time or to refuse to answer any question during the interview. The prosecutor has standing at the request of the victim to protect the victim from harassment, intimidation or abuse and, pursuant to that standing, may seek any appropriate protective court order.

E. Unless otherwise directed by the victim, the prosecutor may attend all interviews. If a transcript or tape recording of the interview is made and on request of the prosecutor, the prosecutor shall receive a copy of the transcript or tape recording at the prosecutor's expense.

F. This section applies to the parent or legal guardian of a minor child who exercises victims' rights on behalf of the minor child. Notwithstanding subsection E of this section, the juvenile defendant, the juvenile defendant's attorney or an agent of the juvenile defendant may not interview a minor child who has agreed to an interview, even if the minor child's parent or legal guardian initiates contact with the juvenile defendant, the juvenile defendant's attorney or an agent of the juvenile defendant, unless the prosecutor has actual notice at least five days in advance and the minor child is informed that the prosecutor may be present at the interview.

G. Except in cases involving a dismissal with prejudice or an acquittal, the right of a victim and a victim's representative to refuse an interview, a deposition or any other discovery request related to the criminal case involving the victim by the juvenile defendant, the juvenile defendant's attorney or any other person acting on behalf of the juvenile defendant remains enforceable beyond a final disposition of the charges. This subsection does not require any other right enumerated in article II, section 2.1, Constitution of Arizona, to remain enforceable beyond a final disposition as prescribed in section 8-383, subsection A.

§ 8-413 Victim's right to privacy; redaction of victim's name; exceptions; definitions

A. The victim has the right at any court proceeding not to testify regarding any identifying or locating information unless the victim consents or the court orders disclosure on finding that a compelling need for the information exists. A court proceeding on the motion shall be in camera.

B. A victim's identifying and locating information that is obtained, compiled or reported by a law enforcement agency or prosecution agency shall be redacted by the originating agency and prosecution agencies from records pertaining to the criminal case involving the victim, including discovery disclosed to the defendant.

C. Subsection B of this section does not apply to:

The victim's name except, if the victim is a minor, the victim's name may be redacted from public records pertaining to the crime if the countervailing interests of confidentiality, privacy, the rights of the minor or the best interests of this state outweigh the public interest in disclosure.
Any records that are transmitted between law enforcement agencies and prosecution agencies or a court.
Any records if the victim or, if the victim is a minor, the victim's representative as designated under section 8-384 or 13-4403 has consented to the release of the information.
The general location at which the reported crime occurred.

D. On the request of a victim, the victim's name that is obtained, compiled or reported by a law enforcement agency or prosecution agency may be redacted by the originating agency and prosecution agencies from records that pertain to the criminal case involving the victim and that are released pursuant to a public records request if the agency reasonably expects that the release of the victim's name will result in harassment of the victim, threats to the victim's safety or witness tampering.

E. Subsection D of this section does not apply to any of the following:

Any record that is transmitted between law enforcement agencies and prosecution agencies or a court or that is disclosed to the defendant, the defendant's attorney or any of the attorney's staff.
Any record regarding a victim who is deceased.
Any record if the victim or, if the victim is a minor or vulnerable adult as defined in section 13-3623, the victim's representative as designated under section 8-384 or 13-4403 has consented to the release of the information.
Any record that a court of competent jurisdiction has ordered to be disclosed or a rule of procedure requires the release of a record to a party.
Any record if the law enforcement agency or prosecution agency has received a notice of final disposition in the criminal case.

F. For the purposes of this section:

"Final disposition" has the same meaning prescribed in section 13-4401.
"Identifying information" includes a victim's date of birth, social security number and official state or government issued driver license or identification number.
"Locating information" includes the victim's address, telephone number, email address and place of employment.

§ 8-414 Speedy adjudication; continuance; notice

A. In any delinquency proceeding, the court, prosecutor and law enforcement officials shall take appropriate action to ensure a speedy adjudication for the victim.

B. The prosecutor shall make reasonable efforts to notify a victim of any request for a continuance, except that if the victim is represented by counsel who has filed a notice of appearance, the court, if the request for a continuance is in writing, shall make reasonable efforts to notify the victim's counsel in the same manner in which a party is notified.

C. In any delinquency proceeding in which a continuance is requested, the court shall consider the victim's views and the victim's right to a speedy adjudication. If a continuance is granted, the court shall state on the record the reason for the continuance.

§ 8-415 Effect of failure to comply

A. The failure to comply with a victim's constitutional or statutory right is a ground for the victim to request a reexamination proceeding within ten days after the proceeding at which the victim's right was denied or with leave of the court for good cause shown. After the victim requests a reexamination proceeding and after the court gives reasonable notice, the court shall afford the victim a reexamination proceeding to consider the issues raised by the denial of the victim's right. Except as provided in subsection B of this section, the court shall reconsider any decision that arises from a proceeding in which the victim's right was not protected and shall ensure that the victim's rights are thereafter protected.

B. The failure to use reasonable efforts to perform a duty or provide a right is not cause to seek to set aside an adjudication or disposition after trial. Failure to afford a right under this chapter shall not provide grounds for a new trial. A victim who was given notice of a plea or sentencing proceeding may make a motion to reopen a plea or sentence only if the victim was not voluntarily absent from the proceeding and has asserted the right to be heard before or during the proceeding at issue and the right to be heard was denied and, in the case of a plea, the accused has not pled to the highest offense charged. This subsection does not affect the victim's right to restitution, which the victim may seek to enforce at any time.

C. Unless the juvenile is discharged from the juvenile's sentence, the failure to use reasonable efforts to provide notice and a right to be present or be heard pursuant to this chapter at a proceeding that involves a postadjudication release is a ground for the victim to seek to set aside the postadjudication release until the victim is afforded the opportunity to be present or be heard.

D. If the victim seeks to have a postadjudication release set aside pursuant to subsection C of this section, the court or department of juvenile corrections shall afford the victim a reexamination proceeding after the parties are given notice.

E. A reexamination proceeding conducted pursuant to this section or any other proceeding that is based on the failure to perform a duty or provide a right shall commence not more than thirty days after the appropriate parties have been given notice that the victim is exercising the right to a reexamination proceeding pursuant to this section or to another proceeding based on the failure to perform a duty or provide a right.

§ 8-416 Standing to invoke rights; recovery of damages; right to counsel

A. The rights enumerated in the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules belong to the victim. The victim has standing to seek an order, to bring a special action or to file a notice of appearance in a trial court or an appellate proceeding seeking to enforce any right or to challenge an order denying any right guaranteed to victims. A victim may not be charged a filing fee to file a special action or to seek an order pursuant to this subsection. In asserting any right, the victim has the right to be represented by personal counsel at the victim's expense, and the proceedings may be initiated by the victim's counsel or the prosecutor.

B. A victim has the right to recover damages from a governmental entity responsible for the intentional, knowing or grossly negligent violation of the victim's rights under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rule. Nothing in this section alters or abrogates any provision for immunity provided for under common law or statute.

C. At the request of the victim, the prosecutor may assert any right to which the victim is entitled.

D. On the filing of a notice of appearance, counsel for the victim shall be endorsed on all pleadings and, if present, be included in all bench conferences and in chambers meetings and sessions with the trial court that directly involve a victim's right enumerated in article II, section 2.1, Constitution of Arizona.

E. Notwithstanding any other law and without limiting any rights and powers of the victim, the victim has the right to present evidence or information and to make an argument to the court, personally or through counsel, at any proceeding to determine the amount of restitution pursuant to section 13-804.

§ 8-417 Construction of article

This article shall be liberally construed to preserve and protect the rights to which victims are entitled.

§ 8-419 Victim reconciliation services

The presiding judge of the juvenile court in each county may establish and provide voluntary victim reconciliation and restitution services to assist victims of juvenile crimes.

§ 8-420 Right to leave work; scheduled proceedings; employment rights; nondiscrimination; confidentiality; definition

A. An employer who has fifty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of that employer, shall allow an employee who is a victim of a juvenile offense to:

Leave work to exercise the employee's right to be present at a proceeding pursuant to sections 8-395, 8-400, 8-401, 8-402, 8-403, 8-405, 8-406 and 8-415.
Obtain or attempt to obtain an order of protection, an injunction against harassment or any other injunctive relief to help ensure the health, safety or welfare of the victim or the victim's child.

B. An employer may not dismiss an employee who is a victim of a juvenile offense because the employee exercises the right to leave work pursuant to subsection A of this section.

C. An employer is not required to compensate an employee who is a victim of a juvenile offense when the employee leaves work pursuant to subsection A of this section.

D. If an employee leaves work pursuant to subsection A of this section, the employee may elect to use or an employer may require the employee to use the employee's accrued paid vacation, personal leave or sick leave.

E. An employee who is a victim of a juvenile offense shall not lose seniority or precedence while absent from employment pursuant to subsection A of this section.

F. Before an employee may leave work pursuant to subsection A of this section, the employee shall do all of the following:

Provide the employer with a copy of the form provided to the employee by the law enforcement agency pursuant to section 8-386, subsection A or a copy of the information the law enforcement agency provides to the employee pursuant to section 8-386, subsection E.
If applicable, give the employer a copy of the notice of each scheduled proceeding that is provided to the victim by the agency that is responsible for providing notice to the victim.

G. It is unlawful for an employer or an employer's agent to refuse to hire or employ, to bar or to discharge from employment or to discriminate against an individual in compensation or other terms, conditions or privileges of employment because the individual leaves work pursuant to subsection A of this section.

H. Employers shall keep confidential records regarding the employee's leave pursuant to this section.

I. An employer may limit the leave provided under this section if the employee's leave creates an undue hardship to the employer's business.

J. The prosecutor shall inform the victim of the victim's rights pursuant to this section. A victim may notify the prosecutor if exercising the victim's right to leave under this section would create an undue hardship for the victim's employer. The prosecutor shall communicate the notice to the court during the scheduling of proceedings where the victim has the right to be present. The court shall continue to take the victim's schedule into consideration when scheduling a proceeding pursuant to subsection A of this section.

K. For the purposes of this section, "undue hardship" means a significant difficulty and expense to a business and includes the consideration of the size of the employer's business and the employer's critical need of the employee.

§ 8-421 Statement of rights

In order to assure that any victim who comes before the juvenile court has been advised of the victim's constitutional rights, the following statement shall be prominently posted in each juvenile court in this state and shall be read out loud by a judge of the juvenile court at the time each victim first appears in that court:

If you are the victim of a delinquent act with a case pending before this court, you are advised that you have rights to justice and due process under Arizona law that, among others, include the right to be treated with fairness, respect and dignity, to a speedy disposition and a prompt and final conclusion of the case, to be present at court proceedings, to choose whether or not to be interviewed by the juvenile's attorney, to be heard before the court makes a decision on release, negotiation of a plea, scheduling and disposition and to seek restitution from a person who is adjudicated as causing your loss. If you have not already been provided with a written statement of all victims' rights, please contact the victim services division of the prosecutor's office.

§ 8-422 Use of a facility dog in court proceedings; definition

A. The court shall allow a victim who is under eighteen years of age to have a facility dog, if available, accompany the victim while testifying in court. A party seeking the use of a facility dog must file a notice with the court that includes the certification of the facility dog, the name of the person or entity who certified the dog and evidence that the facility dog is insured.

B. The court may allow a victim who is eighteen years of age or more or a witness to use a facility dog.

C. To ensure that the presence of a facility dog assisting a victim or a witness does not influence the jury or is not a reflection on the truthfulness of any testimony that is offered by the victim or witness, the court shall instruct the jury on the role of the facility dog and that the facility dog is a trained animal.

D. For the purposes of this section, "facility dog" means a dog that is a graduate of an assistance dog organization that is a member of an organization or entity whose main purpose is to improve the areas of training, placement and utilization of assistance dogs, staff and volunteer education and to establish and promote standards of excellence in all areas of assistance dog acquisition, training and partnership.

Chapter 4 Department of Child Safety

Article 1 General Provisions

§ 8-451 Department; purpose

A. The department of child safety is established.

B. The primary purpose of the department is to protect children. To achieve this purpose, the department shall do and focus equally on the following:

Investigate reports of abuse and neglect.
Assess, promote and support the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse or neglect.
Work cooperatively with law enforcement regarding reports that include criminal conduct allegations.
Without compromising child safety, coordinate services to achieve and maintain permanency on behalf of the child, strengthen the family and provide prevention, intervention and treatment services pursuant to this chapter.

§ 8-452 Director; appointment; qualifications; compensation

A. The governor shall appoint the director of the department pursuant to section 38-211. The director serves at the pleasure of the governor.

B. At a minimum, the director shall have:

Administrative experience in the protection of children from maltreatment and in family support services.
Qualifications and training that enable the director to manage the affairs of the department.

C. The director is eligible to receive compensation pursuant to section 38-611.

§ 8-453 Powers and duties

A. The director shall:

Carry out the purposes of the department prescribed in section 8-451.
Provide transparency by being open and accountable to the public for the actions of the department.
Develop a data system that enables persons and entities that are charged with a responsibility relating to child safety to access all relevant information relating to an abused, neglected or abandoned child as provided by law.
Subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, employ deputy directors and other key personnel based on qualifications that are prescribed by the director.
Adopt rules to implement the purposes of the department and the duties and powers of the director.
Petition, as necessary to implement the case plan established under section 8-824 or 8-845, for the appointment of a guardian or a temporary guardian under title 14, chapter 5 for children who are in the custody of the department pursuant to court order. Persons applying to be guardians or temporary guardians under this section shall be fingerprinted. A foster parent or certified adoptive parent already fingerprinted is not required to be fingerprinted again, if the foster parent or certified adoptive parent is the person applying to be the guardian or temporary guardian.
Cooperate with other agencies of this state, county and municipal agencies, faith-based organizations and community social services agencies, if available, to achieve the purposes of this chapter.
Exchange information, including case specific information, and cooperate with the department of economic security for the administration of the department of economic security's programs.
Administer child welfare activities, including:

(a) Cross-jurisdictional placements pursuant to section 8-548.

(b) Providing the cost of care of:

(i) Children who are in temporary custody, are the subject of a dependency petition or are adjudicated by the court as dependent and who are in out-of-home placement, except state institutions.

(ii) Children who are voluntarily placed in out-of-home placement pursuant to section 8-806.

(iii) Children who are the subject of a dependency petition or are adjudicated dependent and who are in the custody of the department and ordered by the court pursuant to section 8-845 to reside in an independent living program pursuant to section 8-521.

Formulate policies, plans and programs to effectuate the missions and purposes of the department.
Make contracts and incur obligations within the general scope of the department's activities and operations subject to the availability of funds.
Coordinate with, contract with or assist other departments, agencies and institutions of this state and local and federal governments in the furtherance of the department's purposes, objectives and programs.
Accept and disburse grants, matching funds and direct payments from public or private agencies for the conduct of programs that are consistent with the overall purposes and objectives of the department.
Collect monies owed to the department.
Act as an agent of the federal government in furtherance of any functions of the department.
Carry on research and compile statistics relating to the child welfare program throughout this state, including all phases of dependency.
Cooperate with the superior court in all matters related to this title and title 13.
Provide the cost of care and transitional independent living services for a person under twenty-one years of age pursuant to section 8-521.01.
Ensure that all criminal conduct allegations and reports of imminent risk of harm are investigated.
Ensure the department's compliance with the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963).
Strengthen relationships with tribal child protection agencies or programs.

B. The director may:

Take administrative action to improve the efficiency of the department.
Contract with a private entity to provide any functions or services pursuant to this title.
Apply for, accept, receive and expend public and private gifts or grants of money or property on the terms and conditions as may be imposed by the donor and for any purpose provided for by this title.
Reimburse department volunteers, designated by the director, for expenses in transporting clients of the department on official business. Volunteers reimbursed for expenses are not eligible for workers' compensation under title 23, chapter 6.

C. The department shall administer individual and family services, including sections on services to children and youth and other related functions in furtherance of social service programs under the social security act, as amended, title IV, parts B and E, grants to states for aid and services to needy families with children and for child-welfare services, title XX, grants to states for services and other related federal acts and titles.

D. Notwithstanding any other law, a state or local governmental agency or a private entity is not subject to civil liability for the disclosure of information that is made in good faith to the department pursuant to this section.

E. Notwithstanding section 41-192, the department may employ legal counsel to provide legal advice to the director. The attorney general shall represent the department in any administrative or judicial proceeding pursuant to title 41, chapter 1, article 5.

F. The total amount of state monies that may be spent in any fiscal year by the department for foster care as provided in subsection A, paragraph 9, subdivision (b) of this section may not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section does not impose a duty on an officer, agent or employee of this state to discharge a responsibility or create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.

§ 8-454 Department organization

A. The director shall organize the department to best implement the following functions:

Receiving, analyzing and efficiently responding to reports of possible abuse or neglect as provided in section 8-455.
Appropriately investigating the reports whether or not they involve criminal conduct allegations as provided in section 8-456.
Coordinating services necessary for the child or the child's family as provided in section 8-457.
Overseeing adoption pursuant to chapter 1 of this title and foster care pursuant to article 4 of this chapter.
Reviewing and reporting the actions of the department to ensure that the actions comply with statute and the rules and policies of the department and reporting significant violations as provided in section 8-458.

B. Subject to title 41, chapter 4, article 4, the director shall employ:

A chief of the office of child welfare investigations. The chief is the administrative head of the office of child welfare investigations and shall report directly to the director.
An inspector general. The inspector general is the administrative head of the inspections bureau and shall report directly to the director.
Administrators to serve as the administrative heads of the other bureaus of the department, who may report directly to the deputy director.

§ 8-455 Centralized intake hotline; purposes; report of possible crime; DCS report; standardized hotline assessment tools; access to information; public awareness; definitions

A. The department shall operate and maintain a centralized intake hotline to protect children by receiving at all times communications concerning suspected abuse or neglect. If a person communicates suspected abuse or neglect to a department employee other than through the hotline, the employee shall refer the person or communication to the hotline.

B. The hotline is the first step in the safety assessment and investigation process and must be operated to:

Record communications made concerning suspected abuse or neglect.
Immediately take steps necessary to identify and locate prior communications and DCS reports related to the current communication using the department's data system and the central registry system of this state.
Quickly and efficiently provide information to a law enforcement agency or prepare a DCS report as required by this section.
Determine the proper initial priority level of investigation based on the report screening assessment and direct the DCS report to the appropriate part of the department based on this determination.

C. If a communication provides a reason to believe that a criminal offense has been committed and the communication does not meet the criteria for a DCS report, the hotline worker shall immediately provide the information to the appropriate law enforcement agency.

D. A hotline worker shall prepare a DCS report if the identity or current location of the child victim, the child's family or the person suspected of abuse or neglect is known or can be reasonably ascertained and all of the following are alleged:

The suspected conduct would constitute abuse or neglect. If the suspected conduct involves neglect as defined in section 8-201, paragraph 25, subdivision (c) and a health professional determines that the newborn infant was exposed prenatally to cannabis as defined in section 13-3401, the department shall verify whether the mother is a qualifying patient as defined in section 36-2801 and possesses a valid registry identification card issued pursuant to section 36-2804.03.
The suspected victim of the conduct is under eighteen years of age.
The suspected victim of the conduct is a resident of or present in this state.
The person suspected of committing the abuse or neglect is the parent, guardian or custodian of the victim or an adult member of the victim's household.

E. A hotline worker shall prepare a DCS report if the identity of the person who is suspected of abuse is an employee of a child welfare agency and both of the following apply:

The child victim is placed with the agency.
The agency is licensed by and contracted with the department.

F. Except for criminal conduct allegations, the department is not required to prepare a DCS report if all of the following apply:

The suspected conduct occurred more than three years before the communication to the hotline.
There is no information or indication that a child is currently being abused or neglected.

G. Investigations of DCS reports shall be conducted as provided in section 8-456 except for investigations containing allegations of criminal conduct, which shall be conducted as provided in section 8-471.

H. The department is not required to prepare a DCS report concerning alleged abuse or neglect if the alleged act or acts occurred in a foreign country and the child is in the custody of the federal government.

I. The department shall develop and train hotline workers to use standardized hotline assessment tools to determine:

Whether the suspected conduct constitutes abuse or neglect and the severity of the suspected abuse or neglect.
Whether the suspected abuse or neglect involves criminal conduct, even if the communication does not result in the preparation of a DCS report.
The appropriate investigative track for referral based on the risk to the child's safety.

J. A DCS report must include, if available, all of the following:

The name, address or contact information for the person making the communication.
The name, address and other location or contact information for the parent, guardian or custodian of the child or other adult member of the child's household who is suspected of committing the abuse or neglect.
The name, address and other location or contact information of an employee of a child welfare agency who is suspected of committing abuse if both of the following apply:

(a) The child victim is placed with the agency.

(b) The agency is licensed by and contracted with the department.

The name, address and other location or contact information for the child.
The nature and extent of the indications of the child's abuse or neglect, including any indication of physical injury.
Any information regarding possible prior abuse or neglect, including reference to any communication or DCS report involving the child, the child's siblings or the person suspected of committing the abuse or neglect.

K. Information gathered through the hotline must be made available to an employee of the department in order to perform the employee's duties. The office of child welfare investigations and the inspections bureau must have immediate access to all records of the hotline.

L. A representative of the:

Office of child welfare investigations must be embedded in the hotline to carry out the purposes of section 8-471.
Inspections bureau must be embedded in the hotline to carry out the purposes of section 8-458.

M. The department shall publicize the availability and the purposes of the centralized intake hotline.

N. For the purposes of this section:

"Centralized intake hotline" means the system developed pursuant to this section regardless of the communication methods or technologies used to implement the system.
"Criminal offense" means an allegation of conduct against a child by a person other than a parent, guardian or custodian of the child victim or another adult member of the child's household that, if true, would constitute a felony offense.

§ 8-456 Investigative function; training; voice stress analysis; recordings; criminal offenses; definitions

A. The department shall train all investigators in forensic interviewing and processes and the protocols established pursuant to section 8-817. The training must include:

An evidence-informed safety assessment model to assess the safety of a child.
The duty to protect the legal and due process rights of children and families from the time of the initial contact through case closure.
Instruction on a child's rights as a crime victim and instruction on the legal rights of parents.
A checklist or other mechanism to assist the investigator in giving consideration to the relevant factors in each investigation.

B. The office of child welfare investigations shall investigate DCS reports that contain a criminal conduct allegation as provided in sections 8-471 and 8-817.

C. The department shall use an evidence-informed safety assessment model to assess the safety of a child.

D. After receiving a DCS report from the centralized intake hotline pursuant to section 8-455, an investigator shall do all of the following:

Make a prompt and thorough investigation. An investigation must evaluate and determine the nature, extent and cause of any condition created by the parents, guardian or custodian, an adult member of the victim's household or an employee of a child welfare agency where the child is placed that is licensed by and contracted with the department that would tend to support or refute the allegation that the child is a victim of abuse or neglect and determine the name, age and condition of other children in the home. If an investigator has sufficient information to determine that the child is not a victim of abuse or neglect, the investigator may close the investigation.
If required by section 8-821 and subject to section 8-471, take a child into temporary custody. Law enforcement officers shall cooperate with the department to remove a child from the custody of the child's parents, guardian or custodian when necessary.

E. The department may not use covert voice stress analysis during an investigation to determine if abuse or neglect exists. The department may not use overt voice stress analysis during an investigation unless the person on whom the analysis is used gives informed consent. Results of computer voice stress analysis are not admissible in court.

F. After an investigation, an investigator shall:

Determine whether any child is in need of child safety services consistent with the evaluation and determination made pursuant to subsection D of this section.
If appropriate pursuant to section 8-846, offer to the family of any child who is found to be a child in need of child safety services those services that are designed to correct unresolved problems that would indicate a reason to adjudicate the child dependent.
Submit a written report of the investigator's investigation to:

(a) The department's case management information system within a reasonable amount of time that does not exceed forty-five days after receipt of the DCS report except as provided in section 8-811. If the investigation involves allegations regarding a child who at the time of the alleged incident was in the custody of a child welfare agency licensed by the department under this title, a copy of the report and any additional investigative or other related reports must be provided to the board of directors of the agency or to the administrative head of the agency unless the incident is alleged to have been committed by the person. The department shall excise all information with regard to the identity of the source of the reports.

(b) The appropriate court forty-eight hours before a dependency hearing pursuant to a petition of dependency or within twenty-one days after a petition of dependency is filed, whichever is earlier. On receipt of the report the court shall make the report available to all parties and counsel.

Accept a child into voluntary placement pursuant to section 8-806.
Identify, promptly obtain and abide by court orders that restrict or deny custody, visitation or contact by a parent or other person in the home with the child and notify appropriate personnel in the department to preclude violations of a court order in the provision of any services.

G. In conducting an investigation pursuant to this section, if the investigator is made aware that an allegation of abuse or neglect may also have been made in another state, the investigator shall contact the appropriate agency in that state to attempt to determine the outcome of any investigation of that allegation.

H. If an investigation indicates a reason to believe that a criminal offense has been committed, the investigator shall immediately provide the information to the appropriate law enforcement agency and the office of child welfare investigations, unless the information was previously provided pursuant to section 8-455.

I. Except in judicial proceedings, a parent or legal guardian may not be prohibited from recording conversations with the department pursuant to this section.

J. Before implementing a new safety assessment model, the department shall present the proposed change to the joint legislative oversight committee on the department of child safety established by section 41-1292 or to the committees with jurisdiction over the department in the senate and house of representatives.

K. For the purposes of this section:

"Evidence-informed" means based on the best available child welfare research and practice information.
"Investigator" means an employee of the department who investigates allegations of abuse or neglect pursuant to a DCS report.

§ 8-457 Service coordination function

A. The department may arrange, provide and coordinate programs and services that protect children and may provide programs and services that achieve and maintain permanency on behalf of the child, strengthen the family and provide prevention, intervention and treatment for abused and neglected children.

B. If a child and the child's family require assistance from the department, all of the following apply:

The health and safety of the child is the primary concern.
Reasonable efforts must be made to provide the assistance in the method that is least intrusive and least restrictive to the family and that is consistent with the needs of the child.
Reasonable efforts must be made to deliver the assistance in a culturally appropriate manner and as close as possible to the home community of the child or family requiring assistance.

C. In addition to the requirements of federal law, the case plan shall:

Set appropriate time limits on the services provided.
Clearly describe the actions the department might pursue if the family:

(a) Participates in the services outlined in the case plan and does what is required for the child to be safe in the home.

(b) Does not participate in the services outlined in the case plan and does not make the changes required for the child to be safe in the home.

D. The department shall establish procedures to ensure that appropriate services have been initiated as scheduled.

E. In determining if a case should be open for ongoing services, the department shall consider as the primary factors if there exists a present or future risk of harm to any child in the family and if services can mitigate the identified risks. Based on the investigation of the case and the results of the risk assessment, the department shall determine whether to close the case, offer voluntary child safety services or open a case for ongoing services.

F. If a case will be open for ongoing services, the department shall determine if the services are to be provided in one of the following ways:

Through a voluntary agreement with the department.
Pursuant to a petition for in-home intervention.
Pursuant to a petition for in-home or out-of-home dependence.

§ 8-458 Inspections bureau; monitoring and evaluation; quality assurance process

A. The director shall establish an inspections bureau to do both of the following:

Ensure that department policies and procedures are being followed by all staff in accordance with federal and state law.
Promptly notify the director of department actions that constitute a significant violation of policy or state or federal law.

B. The inspections bureau shall monitor specific programs and services and shall continuously improve the practices of the department. Monitoring and evaluation:

May be by formal audits, various levels of inspections, program evaluation and any other quality assurance activity deemed appropriate by the director.
Must include suggestions for policy changes and evaluation of best practices and programming.

C. The inspections bureau shall issue a report that clearly states the justification for any proposed change in a standardized hotline assessment tool that is not a result of legislative action or an adopted administrative rule. The inspections bureau shall submit this report to the joint legislative oversight committee on the department of child safety established by section 41-1292 at least thirty days before the proposed change in a standardized hotline assessment tool is implemented.

D. The department shall establish a quality assurance process and methodology by which data-based decisions are made. This process must include consistently measuring process outcomes and examining current practices through quality assurance activities. The department shall use this quality assurance data to establish appropriate programs and improve practices within the department.

E. If possible, the inspections bureau shall attempt to correct the problems at the immediate level by coaching, mentoring and teaching employees who are present during the inspection.

F. The inspections bureau shall have access to all records and information of the department necessary to carry out this section.

§ 8-459 Community advisory committee; duties; membership

A. The community advisory committee is established to provide a community forum:

To inform the department, analyze current law and policy and make recommendations to improve the ability of the department to increase the safety of children, respond to child maltreatment and ensure the well-being of and timely permanency for children who are referred to and involved in the child welfare system.
For collaboration among state, local, community, tribal, public and private stakeholders in child welfare programs and services that are administered by the department.
To improve communication between mandatory reporters and the department.

B. The committee consists of one representative of each of the following who is appointed by and serves at the pleasure of the director:

Child welfare agencies that directly provide contracted services to children and their families.
Child advocacy organizations that deal with child welfare system policy issues.
Current or former foster or adoptive parents.
Medical providers, with a preference for pediatricians, who have experience in diagnosing and treating injuries related to abuse and neglect.
Volunteers with the foster care review board or court appointed special advocate program.
Persons with an academic appointment to a state university who conduct research in child welfare services, child maltreatment or child abuse or neglect.
The courts. The representative must be involved in child welfare issues.
A rural area in this state who has experience in the child welfare system.
A Native American tribe or nation who has experience in the child welfare system.
A child advocacy organization that advocates for or represents children who are victims of crime.
Persons who have experience with children with special needs and the child welfare system.
A law enforcement agency. The representative must have experience with the department on cases that involve criminal conduct allegations.
Schools. The representative must have experience in the child welfare system.
A faith-based organization. The representative must have experience in the child welfare system.

C. Members of the committee are not eligible to receive compensation.

D. The committee shall meet at least quarterly and shall file a report of its activities and recommendations during each fiscal year with the director on or before August 15 following the fiscal year. The director shall post the report on the department's website.

§ 8-460 Acquisition of lands and buildings; lease-purchase agreements; lease or sublease of lands or buildings

A. The director may acquire for and in the name of this state by gift, grant, lease, lease-purchase agreement or otherwise lands or buildings for the purpose of providing office space for the department at places the director finds necessary and suitable, but land or a building may not be acquired by purchase or lease-purchase without the prior approval of the joint committee on capital review and an appropriation of monies by the legislature for the acquisition.

B. Any lease-purchase agreement relating to land acquisition, capital projects, energy systems or energy management systems under this section shall provide that:

The obligation of this state to make any payment under the agreement is a current expense of the department, payable exclusively from appropriated monies, and is not a general obligation indebtedness of this state or the department.
If the legislature fails to appropriate monies or the department fails to allocate appropriated monies for any periodic payment or renewal term of the agreement, the agreement terminates at the end of the current term and this state and the department are relieved of any subsequent obligation under the agreement.
The agreement must be reviewed and approved by the attorney general and the director of the department of administration before the agreement may take effect.
The agreement must be reviewed and approved by the joint committee on capital review before the agreement takes effect.

C. The department may covenant to use its best efforts to budget, obtain, allocate and maintain sufficient appropriated monies to make payments under a lease-purchase agreement, but the agreement shall acknowledge that appropriating state monies is a legislative act and is beyond the control of the department or any other party to the agreement.

D. A lease-purchase agreement under this section shall be submitted to the following entities:

The attorney general to review for compliance with the constitution and laws of this state. If in the attorney general's opinion the agreement complies with the constitution and laws, the attorney general shall append the attorney general's certification to the agreement, return it to the department and transmit a copy to the joint committee on capital review. On request by the director the attorney general may give other opinions relating to the agreement.
The director of the Arizona department of administration to review for compliance with the laws of this state. If in the director's opinion the agreement complies with the laws of this state, the director shall append the director's certification to the agreement, return it to the department and transmit a copy to the joint committee on capital review.

E. A lease-purchase agreement under this section shall be reviewed and approved by the joint committee on capital review before the agreement takes effect.

F. The director may lease or sublease to others at fair rental value any land or building that is acquired pursuant to this section. The director may lease or sublease any building that is acquired pursuant to this section on other terms or conditions if the lessee is a state entity or political subdivision of this state. All net lease income must be credited to the department's occupancy appropriation.

G. A lease or sublease to others that is granted pursuant to subsection F of this section is exempt from section 41-2752 and is not subject to title 41, chapter 23. The director may prioritize lease or sublease tenants based on the needs of the department and in the public interest with preference given to the following in the order provided:

State entities.
Political subdivisions.
Community partners.

H. The department may pay or advance gross initial and routine lease and sublease related expenditures. The gross initial and routine expenditures that are paid or advanced must be reimbursed to the department before the net lease income is credited to the department's occupancy appropriation pursuant to subsection F of this section.

§ 8-461 Child safety collections; fund; definition

A. If a recipient of public assistance has a person who is legally responsible for that person's support and who is presently able to reimburse the department for public assistance provided, the department, through the attorney general or county attorney, shall proceed in the following order against:

The spouse of a recipient.
The former spouse of a recipient.
A father or mother not presently receiving public assistance.
Any other legally responsible person.

B. If a recipient of public assistance receives an overpayment of support or is determined ineligible, the department may recover the support incorrectly paid during that time period. The department shall deposit monies recovered in the child safety collections fund established pursuant to this section.

C. On request of the department, the attorney general or county attorney shall commence an action in the superior court in the county where the recipient of public assistance resides or in the superior court in Maricopa county, against the persons in the order specified in subsection A of this section, to recover the assistance granted and to secure an order requiring payment of amounts that become due in the future for which the person is liable.

D. The child safety collections fund is established consisting of monies received pursuant to this section and section 41-2752. The department shall administer the fund. Subject to legislative appropriation, the department shall use fund monies to improve public assistance collection activities. The department shall deposit, pursuant to sections 35-146 and 35-147, twenty-five per cent of the monies collected pursuant to this section in the child safety collections fund and seventy-five per cent of the monies collected pursuant to this section in the state general fund. Notwithstanding this subsection, the department shall deposit, pursuant to sections 35-146 and 35-147, fifty per cent of the monies collected pursuant to section 41-2752 in the child safety collections fund and the remaining fifty per cent of the monies collected pursuant to section 41-2752 shall be deposited in the state general fund.

E. For the purposes of this section, "public assistance" means monies paid by the department to or for the benefit of a dependent child and foster care maintenance paid pursuant to 42 United States Code sections 670 through 676.

§ 8-462 Housing assistance

A. Notwithstanding any other provision in this title, the department may provide special housing assistance in the form of vendor payments to achieve permanency for children who are involved in open child safety services cases. The child's family may qualify for this special housing assistance only if the lack of adequate housing is a significant barrier preventing the child from being reunited with or being able to remain with the child's family or other caretakers who will provide permanency for the child. The amount of housing assistance provided by the department for each family for an incident shall not exceed one thousand eight hundred dollars during a six month period. The housing assistance may only be used for rent, utilities, deposits and arrears. The department may provide housing assistance only if other resources are unavailable.

B. The case record for the child and family shall contain a reference to the lack of adequate housing.

C. The case record shall reflect barriers that the family faces in obtaining adequate housing, a specific, time oriented plan for phasing out the need of the family for continued housing assistance, the actions that are being taken by the family for economic self-sufficiency and a complete financial picture of the family at the time of application to the program, including housing related expenses and income, including entitlements.

D. For the period a family is receiving housing assistance, the department shall provide case management services that include monitoring the financial situation of the family.

§ 8-463 Department of child safety employees; employees of contractors; fingerprint requirement

A. Each employee of the department who has contact with children or who is employed in an information technology position shall have a valid fingerprint clearance card issued pursuant to section 41-1758.07 or provide to the department documentation of the person's application for a fingerprint clearance card. The employee shall certify on forms that are provided by the department and that are notarized that the employee is not awaiting trial on or has never been convicted of or admitted in open court or pursuant to a plea agreement to committing any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

B. The department may not disclose information obtained pursuant to this section except to members of the department's staff solely for employment purposes.

C. An employee of a contractor or subcontractor who is employed in an information technology position and who will have access to department information as part of the employee's job duties must meet the requirements of subsection A of this section. An employee of a contractor or subcontractor in an information technology position may not have access to department information until the employee meets the requirements of subsection A of this section. If such an employee fails to obtain a fingerprint clearance card, the employee shall immediately be denied access to any department information technology system. The contractor or subcontractor is responsible for the costs of obtaining the employee's fingerprint clearance card and may charge these costs to the fingerprinted employee. The department may allow all or part of the costs to obtain a fingerprint clearance card to be included as an allowable cost in a contract.

§ 8-464 Electronic communication by department

A. Notwithstanding any other law, if the department is required to provide an administrative order, a notice or a letter to an applicant, a recipient or a client, the department may send the administrative order, notice or letter by electronic means if the party being served or notified consents.

B. Consent may be obtained in writing on a form approved by the department, verbally on the record in a hearing or electronically through the department's website by the party being served following an affirmative consent procedure. At the time of consent, the party must be advised of the nature of the notices to be delivered or served, the legal consequence of the choice and the right to revoke the consent. Consent may be provided for a proceeding or for notices provided on an ongoing basis.

C. Delivery or service by electronic means is complete on transmission unless it is established that delivery or transmission of the electronic document failed due to department error or failure of the recipient to receive the electronic document for any other reason outside the control of the recipient.

D. Consent may be revoked in writing to the department or by following an affirmative revocation procedure established on the department's website.

E. If the department receives electronic notice that the electronic address to which a document is being sent is no longer valid or is otherwise not functioning, the department shall deem the consent to electronic notice to have been revoked and the document shall be served by mail.

F. This section only applies to notices, decisions and orders required for services and programs of the department. This section does not apply to a notice that is required in connection with litigation before a court of record in this state.

§ 8-465 Auditor general; department audit team; duties

A. The auditor general shall establish an audit team to be located in the department of child safety to provide ongoing performance reviews and analyses.

B. Pursuant to an audit plan adopted after review by the joint legislative audit committee, the audit team may:

Determine the validity and accuracy of information reported by the department to the legislature.
Perform other reviews and analyses relating to the department.
Review a specific department function or process.

C. Pursuant to section 41-1279.04, the department shall provide the auditor general access to any data from the department, including electronic data, that the auditor general deems necessary to perform the duties prescribed in this section. This data shall be provided in the manner and format prescribed by the auditor general.

§ 8-466 Child and family advocacy center; requirements for funding; immunity; definition

A. To be considered for funding from the child and family advocacy center fund established by section 41-191.11, a child and family advocacy center must be a private, nonprofit incorporated agency or a governmental entity that either:

Is accredited by a national organization that is organized to promote multidisciplinary child abuse investigation and prosecution programs as outlined in 42 United States Code sections 13001 through 13005 and is a member of or affiliated with an organization that has set core standards for best practices of a child and family advocacy center.
Annually certifies to the attorney general that the center meets all of the following:

(a) Maintains and provides services at a neutral facility that is focused on victims and that allows:

(i) Evidence-based forensic interviews by a trained forensic interviewer of victims or witnesses of one or more suspected offenses.

(ii) Interaction with a victim as investigative or treatment needs or victim services require.

(b) Has a multidisciplinary case review team that meets on a regular basis and that consists of members who are appropriate for serving a victim of a suspected offense. Membership of the team may include:

(i) A representative of the department.

(ii) A representative of the county attorney.

(iii) A mental health service provider.

(iv) A representative of law enforcement.

(v) A victim advocate.

(vi) A forensic medical professional.

(vii) A forensic interviewer.

(c) Provides medical evaluations or referrals for medical evaluations by a health care provider who has specific training in child or adult sexual abuse.

(d) Provides mental health therapy or referrals for mental health therapy by professionals who have training in and who provide trauma-focused and evidence-supported mental health treatment.

(e) Facilitates evidence-based training for various disciplines in the community that respond to reports of one or more suspected offenses.

(f) Has a written commitment from any agency that is participating in the multidisciplinary approach to handling one or more suspected offenses.

(g) Provides the attorney general with proof of compliance with standards prescribed pursuant to this section.

(h) Complies with the relevant safety assessment and investigation protocols developed pursuant to section 8-817.

B. An employee or designated agent of a child and family advocacy center that meets the requirements of subsection A of this section is immune from any civil liability that arises from the employee's or designated agent's participation in the investigation process and services provided by the child and family advocacy center, unless the employee or designated agent acted with malice or has been charged with or is suspected of abusing or neglecting the child who is the subject of the investigation or services provided. This subsection does not displace or limit any other immunity provided by law.

C. For the purposes of this section, "suspected offense" means one or more of the following:

Child abuse or neglect.
Abuse of an adult or a vulnerable adult.
Sexual assault.
Domestic violence.
Juvenile sex trafficking.
Homicide.

§ 8-467 Child welfare licensing fees; fund; uses; trust; definition

A. The department may establish and collect fees from noncontracting licensees for the purpose of licensing and supervising noncontracting licensees. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies collected under this subsection in the child welfare licensing fee fund.

B. The child welfare licensing fee fund is established consisting of all fees collected pursuant to subsection A of this section and monies appropriated by the legislature. The department shall administer the fund. Monies in the fund are both of the following:

Subject to legislative appropriation.
Exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from the investment shall be credited to the fund.

D. Fund monies shall be used to pay the costs incurred by the department for both of the following:

The issuance of licenses to noncontracting licensees.
The inspection, examination, suspension, denial, revocation or change of licenses of noncontracting licensees pursuant to sections 8-504 and 8-506.01.

E. Any fee that is authorized by law or rule and that is deposited in the fund is held in trust. The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the state general fund of this state.

F. For the purposes of this section, "noncontracting licensee" means a licensee that does not contract with this state, that contracts with the federal government, that receives only federal monies and that employs individuals who provide direct services to children.

§ 8-468 Federal benefits; dependent children; application; prohibition; accounting; notice; annual review

A. For all children in the care of the department of child safety, the department of child safety shall determine whether each child is receiving or eligible for benefits administered by the social security administration or the veterans administration within sixty days after the child enters the department's care. If the department of child safety determines that a child is eligible or may be eligible for federal benefits, the department of child safety shall apply for the benefits on behalf of the child.

B. If a child is already receiving benefits before entering the department's care or if the department applies for benefits on behalf of the child, the department shall identify, in consultation with the child and the child's attorney, a representative payee in accordance with 20 Code of Federal Regulations sections 404.2021 and 416.621 and shall apply to become the representative payee only if no other suitable candidate is available. If the department of child safety is appointed to serve as the representative payee, the department:

May not use the child's federal benefits, other benefits, savings or assets to pay for or to reimburse the department of child safety or this state for any of the costs of the child's care.
May use the child's federal benefits for the child's unmet needs beyond what the department of child safety is obligated, required or agrees to pay.
Shall establish an appropriate account to use and conserve the child's benefits in the child's best interest for current unmet needs and future needs in a manner consistent with federal and state asset and resource limits. The account may include any of the following:

(a) A special needs trust.

(b) A pooled special needs trust.

(d) Any other trust account determined not to interfere with social security or asset limitations for any other benefit program.

In addition to the requirements of section 14-9115, shall provide an annual accounting as to the use, application or conservation of the child's federal benefits to the child, the child's attorney and the child's parents or guardians.
Shall periodically review if someone other than the department is available to apply to assume the role of representative payee and could better serve in that role in the child's best interests.

C. The department of child safety shall notify the child, the child's parents, unless parental rights have been terminated, the child's guardian, the child's current placement and the child's attorney of any application, decision or appeal related to a child's federal benefits. In providing notice of any denial of benefits, the department shall consult with the child's attorney and appeal the denial if it is in the child's best interests.

D. The department shall annually review cases of children in the department's care to determine whether a child may have become eligible for benefits after the department's initial assessment.

E. Notwithstanding any other law, on termination of the department's responsibility for the child, the department shall release any monies remaining to the child's credit pursuant to the requirements of the funding source or, in the absence of any requirements, shall release the remaining monies to:

The child, if the child is at least eighteen years of age or is emancipated.
The person who is responsible for the child if the child is a minor and not emancipated.

§ 8-469 Child safety fatality and near fatality review team; membership; duties; definition

A. The child safety fatality and near fatality review team is established in the department of child safety to review all reports of fatalities and near fatalities of a child made to the child abuse hotline. The team shall:

Hold regular multidisciplinary team meetings to review reports of child fatalities or near fatalities where the department had prior involvement with the child, the child's family or the perpetrator.
Identify systemic trends that influence decisions and actions made by the department.
Recommend changes to policy and practice to improve outcomes for children and families.
Promote a culture of psychological safety within the department by responding to fatality and near fatality cases in a manner that promotes learning, transparency and employee health.
Produce an annual child fatality and near fatality report as prescribed by subsection E of this section.
Select cases that present opportunities for systemic learning or that demonstrate opportunities for systemic change and respond to requests for further information by a standing committee of the legislature, a joint legislative oversight committee or another committee appointed by the president of the senate or the speaker of the house of representatives.

B. The child safety fatality and near fatality review team shall hold regular multidisciplinary team meetings to:

Review reports of child fatalities or near fatalities made to the child abuse hotline where the department had involvement with the child, the child's family or the perpetrator within the prior three years.
Select cases for systemic learning and order the child safety fatality and near fatality review team to do a systemic critical incident review of those cases.
Receive findings from systemic critical incident reviews at least quarterly and recommend changes to department policy and practice.

C. The multidisciplinary team shall consist of department employees designated by the director. The director shall also appoint, at a minimum, the following public members who shall be trained in safe system improvement:

A licensed pediatrician who has professional experience relating to child abuse and neglect.
A peace officer who has experience investigating child abuse and neglect fatalities and near fatalities.
A practicing social worker.
A behavioral health practitioner.
An attorney who has past professional experience representing children in child abuse and neglect cases.

D. In conducting child fatality and near fatality reviews, the multidisciplinary team may consult with the department of health services, the department of economic security, the Arizona health care cost containment system or any other governmental entity that may have information pertinent to a child fatality or near fatality.

E. The department shall produce an annual report of information gathered during its review of child fatalities and near fatalities. This report shall include all of the following:

The total number of fatality and near fatality reports in a fiscal year, by county.
The number of allegations that are substantiated and unsubstantiated.
The number of reports due to abuse and whether the reports were substantiated or unsubstantiated.
The number of reports due to neglect and whether the reports were substantiated or unsubstantiated.
The number of reports where the family had previous department involvement.
Systemic trends that influence the practice and decisions made by the department and areas for improvement.
Details of cases that present opportunities for systemic learning or that demonstrate opportunities for systemic change.

F. Multidisciplinary team meetings are not subject to title 38, chapter 3, article 3.1.

G. The department shall present the report required by subsection E of this section at a public meeting of a standing committee of the legislature, a joint legislative oversight committee or a committee appointed by the president of the senate or the speaker of the house of representatives for the purpose of informing policymakers on systemic changes required to improve the child welfare system unless the applicable committee deems it necessary to hold an executive session to protect the privacy or safety of individuals involved in the fatality or near fatality. Information may not be further disclosed unless a court orders the disclosure of this information, the information is disclosed in a public or court record or the information is disclosed in the course of a public meeting or court proceeding. The committee may go into executive session to receive confidential information.

H. The child safety fatality and near fatality review team shall respond to requests for additional information regarding a child fatality or near fatality made pursuant to section 41-1292, subsection D within ninety days after receiving the request.

I. Except as provided in sections 8-807 and 8-807.01, information gathered pursuant to this section is confidential. Public members of the team may receive confidential department information but may not further disclose the information unless authorized by law.

J. For the purposes of this section, "systemic critical incident review" means the process by which the department evaluates fatalities, near fatalities and critical incidents to identify patterns in the factors that influence decisions and actions and to improve the quality of outcomes for children and families receiving services from the department.

§ 8-469.01 Child welfare agencies; group foster homes; proposed rate increases; expenditure review

Before the department increases the child placement rate for a child welfare agency or group foster home, the department shall submit the proposed child placement rate increase to the joint legislative budget committee for review. The department shall submit the proposed increase in the child placement rate to the joint legislative budget committee at least ninety days before the proposed child placement rate increase is to take effect.

§ 8-469.02 Foster youth permanency pilot project team; duties; confidentiality

A. The department shall establish a foster youth permanency pilot project team. The foster youth permanency pilot project team shall:

Develop a methodology to identify children who are believed to be at risk of exiting the department's custody without a permanency placement.
Implement solutions to remove barriers to permanency for children who are likely to be in the custody of the department when the child turns eighteen years of age or to begin participating in the extended foster care program pursuant to section 8-521.02.

B. The foster youth permanency pilot project team consists of the following members:

Members who have expertise or experience in social work.
Members who are attorneys and who have expertise in representing children or experience in child welfare law.
Members who have served as guardians ad litem.
Members who have served as court appointed special advocates.
Members who are familiar with the child's case and who have an understanding of the child's permanency plan preferences.
Members of national organizations with experience in permanency planning policy and best practices.
Members who have personal experience in foster care, including former foster care youth or members of a foster care family.

C. The foster youth permanency pilot project team shall do all of the following:

Thoroughly review the child's case file.
Convene foster youth permanency pilot project team meetings that include the child, the child's caregivers, the child's attorney and members of the foster youth permanency pilot project team who are appointed pursuant to subsection B of this section and who agree to participate in the child's case, as applicable and necessary. At the initial meeting, the foster youth permanency pilot project team shall identify barriers to permanency for each child selected and determine the assistance, resources and tools needed for the child to achieve permanency.
Review and discuss the permanency plan for the child.
Convene ongoing meetings of the foster youth permanency pilot project team to evaluate the child's progress towards permanency and to amend the child's permanency action plan as necessary.
Identify specific options to place a child with individuals or families who are willing and able to provide permanency to a child selected by the foster youth permanency pilot project team.

D. The foster youth permanency pilot project team shall have access to all department documents and personnel that are necessary to perform the duties of the foster youth permanency pilot project team.

E. The foster youth permanency pilot project team may enter into contracts with any of the following:

A child or adolescent psychiatrist who has expertise in effective therapies and assessing proper use of psychotropic medications.
An attorney who has expertise in social security benefits, education, immigration, disability, adoption and department and child welfare policies.
A private investigator who can successfully locate relatives or kin of children who were not previously identified as placement options.
A nonprofit organization that has demonstrated expertise and a proven record of successfully establishing permanency for youth who are at risk of exiting the department's care without achieving permanency.

F. The foster youth permanency pilot project team shall take reasonable steps to prevent unwarranted invasions of privacy and to protect the privacy and dignity of children who are the subject of a permanency action plan.

Article 2 Criminal Conduct Allegation Investigations

§ 8-471 Office of child welfare investigations; training; responsibilities; annual report

A. The director shall establish the office of child welfare investigations within the department. The director is responsible for the direction, operation and control of the office.

B. The duties of the office include investigating criminal conduct allegations, coordinating with other parts of the department and law enforcement, establishing task forces for the investigation of criminal conduct and other duties as may be assigned by the director.

C. The office shall employ child welfare investigators who have received training to understand law enforcement's role in cases of criminal child abuse or neglect and in social services offered by the department. The office may employ research analysts and peace officers for the purpose of obtaining an originating agency identification number to have direct access to criminal history report information. Each person hired by the office is an employee of the department, is subject to title 41, chapter 4, article 4 and shall comply with the fingerprint requirements of section 8-802.

D. The department, in coordination with the Arizona peace officer standards and training board, shall provide child welfare investigators with training. The training shall be, at a minimum, in the following areas:

First responder training on responding to reports of child abuse.
Forensic interviewing and processes.
Child physical and sexual abuse investigation.
The protocols established pursuant to section 8-817.
Relevant law enforcement procedures, including the collection and preservation of evidence.
A child's constitutional rights as a victim of a crime pursuant to article II, section 2.1, Constitution of Arizona.
Impact and intervention practices related to adverse childhood experiences, culturally and linguistically appropriate service delivery, domestic violence, family engagement, communication with special populations and trauma informed responses.
Any other training as directed by the director.

E. A child welfare investigator shall:

Protect children.
Assess, respond to or investigate all criminal conduct allegations, which shall be a priority, but not otherwise exercise the authority of a peace officer.
Not interview a child without the prior written consent of the parent, guardian or custodian of the child unless either:

(a) The child initiates contact with the investigator.

(b) The child who is interviewed is the subject of, is the sibling of or is living with the child who is the subject of an abuse or abandonment investigation pursuant to paragraph 4, subdivision (b) of this subsection.

After the receipt of any report or information pursuant to paragraph 2 of this subsection, immediately do both of the following:

(a) Notify the appropriate municipal or county law enforcement agency if they have not already been notified.

(b) Make a prompt and thorough investigation of the nature, extent and cause of any condition that would tend to support or refute the report of child abuse or neglect when investigating allegations pursuant to paragraph 2 of this subsection. A criminal conduct allegation shall be investigated with the appropriate municipal or county law enforcement agency according to the protocols established pursuant to section 8-817.

Take a child into temporary custody as provided in section 8-821. Law enforcement officers shall cooperate with the department to remove a child from the custody of the child's parents, guardian or custodian pursuant to section 8-821. A child welfare investigator who is responding to or investigating a report containing a criminal conduct allegation shall have the primary responsibility for making the decision whether to take a child into temporary custody.
Evaluate conditions created by the parents, guardian or custodian that would support or refute the allegation that the child should be adjudicated dependent. The investigator shall then determine whether any child is in need of child safety services.
Identify, promptly obtain and abide by court orders that restrict or deny custody, visitation or contact by a parent or other person in the home with the child and notify appropriate personnel within the department to preclude violations of a court order in the provision of any services.
On initial contact with the parent, guardian or custodian of a child who is the subject of an investigation pursuant to this section, provide the parent, guardian or custodian with the allegation received by the department. This paragraph does not require the department to disclose details or information that would compromise an ongoing criminal investigation.
Have access to all records and information of the department necessary to carry out this section.

F. Unless a dependency petition is filed, a child shall not remain in temporary custody for a period exceeding seventy-two hours, excluding Saturdays, Sundays and holidays. If a petition is not filed, the child shall be released to the child's parent, guardian or custodian.

H. The office of child welfare investigations shall submit a report by August 15 each year to the governor, the speaker of the house of representatives, the president of the senate and the secretary of state that includes the following information for the most recently completed fiscal year:

The number of DCS reports that involve criminal conduct allegations.
The number of joint investigations conducted pursuant to section 8-817.
For each case in which a joint investigation did not occur pursuant to section 8-817, the reasons why the joint investigation did not occur.

I. All records gathered or created by the department during an investigation conducted under this section are confidential and shall be protected and released as prescribed in sections 8-807 and 8-807.01, except the department shall not release records if the department determines that the release of these records may compromise an ongoing investigation.

J. Notwithstanding any other law, the office of child welfare investigations is not responsible for conducting the criminal investigation of a criminal conduct allegation.

Article 3 Healthy Families Program

§ 8-481 Healthy families program; administration; consent; access to records

A. The healthy families program is established in the department. The program shall provide services to children under five years of age and members of their families that are designed to prevent child abuse or neglect and to promote child development and wellness. The program also may provide these services to pregnant women and their families.

B. The department shall:

Develop standardized program eligibility criteria to be used for identifying families in greatest need of program services.
Develop the following program functions:

(a) Comprehensive standardized risk assessment evaluation for newborns and their families.

(b) A method to identify families that have the greatest need for program services. The department shall establish a method of disclosing to parents at the time of their admission to a hospital for childbirth that they may be contacted regarding program services.

Establish methods that assist program participants to reduce illiteracy, reduce dependency on welfare, encourage employment, encourage self-sufficiency and encourage community involvement by program participants through community service, employment or participation in religious or social organizations.
Develop employment guidelines for program personnel that include background checks for those personnel who will have direct contact with pregnant women or families or who will have access to program participant records. Employment guidelines shall include skill development in child abuse and neglect detection and in the collection of relevant program data.
Track program costs.
Offer parents education on prenatal care.
Offer participants education on successful marriage.
Establish guidelines for requiring program participants to engage in community service activities in exchange for benefits received from the program. Participants shall be allowed to choose from a variety of community and faith-based service providers that are under contract with the department to provide community service opportunities or program services. Participants shall be allowed and encouraged to engage in community services within their own communities. Participants shall be allowed to fulfill the requirements of this paragraph by providing community services to the program from which they received services.

C. The goals of the healthy families program include:

Reducing child abuse and neglect.
Promoting child wellness and proper development.
Strengthening family relations.
Promoting family unity.
Reducing dependency on drugs and alcohol.

D. The healthy families program shall provide the following services to program participants:

Informal counseling or emotional support services.
Assistance in developing parenting and coping skills.
Education on the importance of good nutritional habits to improve the overall health of their children.
Education on developmental assessments so that early identification of any learning disabilities, physical disabilities or behavioral health needs are determined.
Education on the importance of preventative health care and the need for screening examinations such as hearing and vision.
Assistance and encouragement to provide age appropriate immunizations so that their children are immunized.
Assistance and encouragement to access comprehensive private and public preschool and other school readiness programs.
Assistance in applying for private and public financial assistance including employment services.
Assistance in accessing other applicable community and public services including employment services.

E. Program participants shall be provided with the Arizona children and families resource directory compiled under section 36-698 in order to help them answer questions concerning early childhood development.

F. Program services shall not be provided under this section unless:

Participation in the program is initiated in response to a request by the potential program participant.
A verbal explanation of the program is provided to program participants, including an explanation of the rights and responsibilities of both the participant and the program provider.
The written, informed consent of the program participants is received. The consent form shall include at least a clear description of the program, including the activities and information to be provided by the program during prescheduled home visits, the number of expected home visits, the right of program participants to terminate participation in the program at any time, any responsibilities of the program participants, a statement that a record will be made and maintained of the home visits and may be available in future court proceedings and any other information that is necessary to convey to the program participants a clear understanding of the program.

G. The initial contact may be in person and at any convenient location, except that if the contact occurs at the primary residence of the potential program participant, the program personnel shall not enter the residence during the initial contact without the permission of the potential program participant.

H. If the potential program participant is a minor living with the minor's parent or guardian, home visits shall not be provided under this section without the additional written consent of the parent or guardian.

I. If any home visits are to be made by program personnel who are required to report suspected abused or neglected children pursuant to title 13, chapter 36, the consent form shall also contain a clear and conspicuous statement informing parents that the home visits will be made by a person who is required to report any instances of suspected abuse or neglect of children to the department or its successor.

J. Program participants have access to the records on their own family at all times and have the right to correct any inaccurate information included in the records. Records shall be retained for at least five years after the participants' last involvement in the program. Program records are not available to other government agencies or programs in the department without specific prior written consent by the program participant for the release of information in the program participant's records. Program personnel shall not wilfully include defamatory information or maliciously include derogatory information in the records. Program participants have a right of action against any program personnel for the knowing or reckless inclusion of defamatory information in the records.

K. This section does not prohibit a person from satisfying the reporting requirements of section 13-3620 or from complying with a court order to produce records.

Article 4 Child Welfare and Placement

§ 8-501 Definitions

A. In this article, unless the context otherwise requires:

"Child developmental certified home" means a regular foster home that is licensed pursuant to section 8-509 and that is certified by the department of economic security pursuant to section 36-593.01.
"Child welfare agency" or "agency":

(a) Means:

(i) Any agency or institution that is maintained by a person, firm, corporation, association or organization to receive children for care and maintenance or for twenty-four hour social, emotional or educational supervised care or who have been adjudicated as a delinquent or dependent child.

(ii) Any institution that provides care for unmarried mothers and their children.

(iii) Any agency that is maintained by this state, a political subdivision of this state or a person, firm, corporation, association or organization to place children or unmarried mothers in a foster home.

(b) Does not include state operated institutions or facilities, detention facilities for children established by law, health care institutions that are licensed by the department of health services pursuant to title 36, chapter 4 or private agencies that exclusively provide children with social enrichment or recreational opportunities and that do not use restrictive behavior management techniques.

"Division" or "department" means the department of child safety.
"Former dependent child" means a person who was previously adjudicated a dependent child in a dependency proceeding that has been dismissed by order of the juvenile court.
"Foster child" means a child placed in a foster home or child welfare agency.
"Foster home" means a home that is maintained by any individual or individuals having the care or control of minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals.
"Foster parent" means any individual or individuals maintaining a foster home.
"Group foster home" means a licensed regular or special foster home that is suitable for placement of more than five minor children but not more than ten minor children.
"Out-of-home placement" means the placing of a child in the custody of an individual or agency other than with the child's parent or legal guardian and includes placement in temporary custody pursuant to section 8-821, voluntary placement pursuant to section 8-806 or placement due to dependency actions.
"Parent" means the natural or adoptive mother or father of a child.
"Reason for leaving care" means one of the following:

(a) Reunification with a parent or primary caretaker.

(b) Living with another relative.

(d) Adoption by a foster parent.

(e) Adoption by another person.

(f) Age of majority.

(g) Guardianship by a relative.

(h) Guardianship by another person.

(i) Transfer to another agency.

(j) Runaway.

(k) Death.

"Receiving foster home" means a licensed foster home that is suitable for immediate placement of children when taken into custody or pending medical examination and court disposition.
"Regular foster home" means a licensed foster home that is suitable for placement of not more than five minor children.
"Relative" means a grandparent, great-grandparent, brother or sister of whole or half blood, aunt, uncle or first cousin.
"Restrictive behavior management" means an intervention or procedure that attempts to guide, redirect, modify or manage behavior through the use of any of the following:

(a) Physical force to cause a child to comply with a directive. Physical force does not include physical escort. For the purposes of this subdivision, "physical escort" means temporarily touching or holding a child's hand, wrist, arm, shoulder or back to induce the child to walk to a safe location.

(b) A device, action or medication to restrict the movement or normal function of a child in order to control or change the child's behavior and that includes:

(i) Chemical restraint. For the purposes of this item, "chemical restraint" means the use of any psychoactive medication as a restraint to control the child's behavior or to restrict the child's freedom of movement and that is not a standard treatment for the child's medical or psychiatric condition.

(ii) Mechanical restraint. For the purposes of this item, "mechanical restraint" means the use of any physical device to limit a child's movement and to prevent the child from causing harm to self or to others. Mechanical restraint does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets or any other method that involves the physical holding of a child to conduct a routine physical examination or test or to protect the child from falling out of bed or to permit the child to participate in activities in order to reduce the risk of physical harm to the child.

(iii) Physical restraint. For the purposes of this item, "physical restraint" means applying physical force to reduce or restrict a child's ability to freely move the child's arms, legs or head. Physical restraint does not include temporarily holding a child to permit the child to participate in activities of daily living if this holding does not involve the risk of physical harm to the child.

(iv) Seclusion. For the purposes of this item, "seclusion" means placing a child against the child's will in a room in which the child is unable to open the door in order to prevent the child from doing harm to self or others.

"Special foster home" means a licensed foster home that is capable of handling not more than five minor children who require special care for physical, mental or emotional reasons or who have been adjudicated delinquent. Special foster home includes any home handling foster children aged twelve through seventeen.

B. A foster home or any classification of foster home defined in subsection A of this section includes a home having the care of persons who are under twenty-one years of age and the cost of whose care is provided pursuant to section 8-521.01.

§ 8-502 Foster parent and child welfare agency information; confidentiality; permissible disclosure; use; violation; classification; definitions

A. Unless otherwise provided by law and except as provided in subsection E, F or G of this section, all personal information concerning a foster parent applicant or licensee or an individual who applies for or receives a child welfare agency license is confidential and may not be released, unless the release is ordered by the superior court or provided for by court rule. DCS information is confidential and may be released only as prescribed in section 8-807.

B. Foster parent information is confidential, except the department may release the information prescribed in subsection C of this section if the foster parent's license has been revoked or all of the following apply:

No foster children are residing in the home.
The department has begun a licensing denial, suspension or revocation action.
The foster parent's identity has been made public by sources outside the department.

C. If requested, the department may release the following foster care parent information if permissible under subsection B of this section:

The name of the licensee.
The dates of current and past licensure.
Any training in which the licensee participated.
The number, ages and gender of children for which the foster care provider is licensed.
Any complaints that do not involve a child safety or an office of child welfare investigations investigation.
Any restrictions on the license of the licensee.

D. Child welfare agency information is not confidential, except for both of the following:

Any DCS information in the licensing files of the department.
The address of any facility where a foster child is placed, even if the address is also the corporate address of the child welfare agency.

E. An employee of the department of child safety, the department of law or a court may obtain the information described in subsection A, B, C or D of this section in the performance of the employee's duties.

F. An employee of the department of child safety, the department of law or a court may release information that is otherwise confidential under this section under any of the following circumstances:

To an applicant or licensee if a request is made in writing specifically requesting information that directly relates to the person who requests the information.
In oral or written communications involving the provision of services or the referral to services between employees of, persons under contract with or persons holding a general employment relationship with the department of child safety, the department of law or the juvenile court.
If the disclosure is necessary to protect against a clear and substantial risk of imminent serious injury to a client of the department of child safety.
To an agency of the federal government, this state or another state or any political subdivision of this state for official purposes. Information received by a governmental agency pursuant to this paragraph shall be maintained as confidential unless the information is pertinent to a criminal prosecution.
To a foster parent or a parent certified to adopt if the information is necessary to assist in the placement with or care of a child by the foster parent or person certified to adopt.
To an officer of the superior court, the department or an agency that is required to perform an investigation pursuant to section 8-105, if the information is pertinent to the investigation. Information received pursuant to this paragraph may be disclosed to the court, but shall otherwise be maintained as confidential.

G. Notwithstanding sections 8-519, 8-541 and 8-542, a standing committee of the legislature or a committee appointed by the president of the senate or the speaker of the house of representatives may obtain information described in subsection A, B, C or D of this section on written request to the director. Information obtained pursuant to this subsection may be used only to conduct investigations related to legislative oversight of the department. Personally identifiable information may not be further disclosed.

H. A person who violates this section is guilty of a class 2 misdemeanor.

I. For the purposes of this section:

"Child welfare agency information" means all information in the licensing file of the department, including all information on corporate or other entity applicants or licensees and any licensing investigations. Child welfare agency information does not include personal information about individuals who apply for licensure to or are licensed by the department as a child welfare agency.
"DCS information" has the same meaning prescribed in section 8-807.
"Foster parent information" means all information in the licensing file of the department that is not confidential under any other law. Foster parent information does not include personal information, information that is confidential under another statute or information of a similar nature.
"Personal information" means information about an individual that is disclosed by the individual or by a third party on behalf of the individual to obtain or maintain a license. Personal information includes all of the following:

(a) The individual's identity, social security number, address and personal history.

(b) Financial, health or medical information about the individual.

§ 8-503 Powers and duties

A. The division shall:

Exercise supervision over all child welfare agencies.
Advise and cooperate with the governing boards of all child welfare agencies.
Assist the staffs of all child welfare agencies by giving advice on progressive methods and procedures of child care and improvement of services.
Establish rules, regulations and standards for:

(a) Licensing of child welfare agencies.

(b) Licensing of foster homes.

(i) Receiving foster homes.

(ii) Regular foster homes.

(iii) Special classes of foster homes as are needed according to the types of problems involved.

(iv) Group foster homes.

(d) Certifying each foster home according to one or more of the categories prescribed in subdivision (c) of this paragraph.

(e) Initial and ongoing foster parent training programs.

(f) The method of approving foster parent training programs.

(g) Uniform amounts of payment for all foster homes according to certification. However, variations in uniform amounts of payments may be allowed for foster homes based on consideration of geographical location or age or mental or physical condition of a foster child.

(h) Renewal of licenses of child welfare agencies and foster homes.

(i) Form and content of investigations, reports and studies concerning disposition of children and foster home placement.

Establish a program of counseling and rehabilitation of parents whose children have been placed in foster homes.
Establish foster parent training programs or contract with other agencies, institutions or groups for the provision of training programs to foster parents. Foster parent training programs shall be established in at least the following areas:

(a) Initial and ongoing training as a foster parent for a regular or group foster home.

(b) Initial and ongoing training as a foster parent for a special foster home.

Regulate the importation and exportation of children.
In conjunction with the department of education and the department of juvenile corrections, develop and implement a uniform budget format to be submitted by licensed child welfare agencies. The budget format shall be developed in such a manner that, at a minimum, residential and educational instructional costs are separate and distinct budgetary items.
Establish as a goal that, at any given time, not more than fifty percent of the total number of children whose maintenance is subsidized by title IV, part E of the social security act, as amended, shall be in foster care in excess of twenty-four consecutive months. The division shall establish through regulations appropriate procedures to achieve the goal.
Maintain a goal that infants who are taken into custody by the department be placed in a prospective permanent placement within one year after the filing of a dependency petition.

B. Except as provided in section 8-514.01, large group settings for children, group homes for children and child developmental homes that have one or more residents who are clients of the department with developmental disabilities shall be licensed pursuant to title 36, chapter 5.1, article 3. Rules, regulations and standards adopted pursuant to subsection A, paragraph 4 of this section shall not apply to group homes for children or child developmental homes licensed pursuant to title 36, chapter 5.1, article 3.

§ 8-503.01 Children and family services training program fund; purposes; status report; exemption from lapsing

A. The division shall establish a children and family services training program fund consisting of monies received pursuant to section 8-807. Subject to legislative appropriation, the fund monies shall be used to administer a children and family services training program for the training of child safety workers, public employees in related program services and employees of child welfare agencies and community treatment programs that, in the judgment of the director of the department, would benefit from staff training. The department shall not use fund monies to pay any portion of training program staff salaries and training program staff expenses. The department shall use monies only to reimburse the department for the labor, editing and copying charges related to that section.

B. The director shall include in the annual report a status report on and an evaluation of the children and family services training program.

C. Ninety percent of the monies collected under this section shall be deposited in the children and family services training program fund, not more than ten percent of which shall be used to enhance the collection of monies owed the department pursuant to section 8-243. The remaining ten percent of the monies collected shall be deposited in the state general fund.

§ 8-504 Sanitation, fire and hazard inspection

A. The division shall visit each child welfare agency and foster home and inspect the premises used for care of children for sanitation, fire and other actual and potential hazards. The division shall take action it deems necessary to carry out the duties imposed by this section including the denial of the application for licensure and the suspension or revocation of a license.

B. The division may delegate any additional inspection, examination or study provided for by this article, including inspection of premises for fire hazards, to an agency, department, political subdivision or governmental entity deemed appropriate by the division.

§ 8-505 Issuance of licenses; application; investigation; renewal; public information

A. The issuance of initial and renewal licenses for child welfare agencies shall be made by the division.

B. A child welfare agency shall not receive any child for care or maintenance or for placement in a foster home unless the agency is licensed by the division. Application for a license shall be made on a form prescribed by the division.

C. Before issuing a license to an agency, the division shall investigate the activities and standards of care of the agency, its financial stability, the character and training of the applicant, the need for the agency and the adequacy of its intended services to insure the welfare of children. A provisional license may be issued to any agency whose services are needed but that is temporarily unable to conform to the established standards of care. If the applicant meets the standards established by the division, a regular license shall be issued for a period of one year.

D. Each license shall state in general terms the kind of child welfare service the licensee is authorized to undertake, the number of children that can be received if the licensee is a private agency, their ages and sex, and, if authorized to place and supervise children in foster homes, the geographical area the agency is equipped to serve.

E. Every license shall expire one year from the date of issuance, and may be renewed annually on application of the agency, except that provisional licenses may be issued for not more than six months from the date of issuance and may not be renewed.

F. Financial statements that are prepared by a child welfare agency as part of the licensing process pursuant to this section are public records and are subject to disclosure pursuant to section 39-121.01.

§ 8-506 Denial, suspension or revocation of license; foster home; hearing; exception

A. The division may deny the application or suspend or revoke the license of any foster home for wilful violation of any provision of this article or failure to maintain the standards of the care prescribed by the division. Written notice of the grounds of the suspension or the proposed denial or revocation shall be given to the applicant or holder of the license. A copy of the written notice of the suspension or the proposed denial or revocation shall be forwarded to the agency that recommended the foster home for licensing. Within twenty-five days after the mailing date of the written notice of proposed denial, revocation or suspension, the applicant or holder may request a hearing in accordance with the rules of the division. If the hearing is requested it shall be held within ten days after the request, at which time the applicant or holder shall have the right to present testimony and confront witnesses.

B. A denial, suspension or revocation of a foster home license due to a failure to obtain or maintain a level I fingerprint clearance card as required by section 8-509 is not an appealable agency action.

§ 8-506.01 Denial, suspension, revocation or change of license; child welfare agency; appeal

The division may deny the application or suspend or revoke the license of any child welfare agency for the wilful violation of any provision of this article or for failure to maintain the standards of the care prescribed by the division. Written notice of the grounds of the suspension or the proposed denial or revocation or any other material change in the license status, including provisional status, shall be given to the applicant or holder of the license. Within twenty days after receipt of written notice of a proposed denial, revocation, suspension or change, the applicant or holder may request a hearing in accordance with title 41, chapter 6, article 10. If the hearing is requested it shall be held within ten days of the request, at which time the applicant or holder has the right to subpoena witnesses, present testimony and confront witnesses.

§ 8-507 Operation without license

A. When the division has reason to believe that an agency or foster home is being conducted or maintained without a license, it shall make an investigation, and, if necessary, the division shall take action to prevent such continued operation.

B. If an agency provides treatment or permits restrictive behavior techniques to be used, the agency shall obtain a license issued by the department of health services pursuant to title 36, chapter 4 or a child welfare agency license issued pursuant to this article.

C. The superior court shall have jurisdiction to issue an injunction restraining the operation of a child welfare agency or foster home without a license.

§ 8-508 Receipt of articles of incorporation

Before issuing a charter for the incorporation of any organization for the purpose of receiving children for care or for placement in foster homes, the corporation commission shall transmit a copy of the petition for incorporation, together with all information in its possession pertaining to the proposed corporation, to the division. Application for amendment of the existing charter of such corporation shall be similarly referred.

§ 8-509 Licensing of foster homes; fingerprint waiver; restricted license; renewal of license; provisional license; exemption from licensure; immunization requirements; administration of medication; policies and procedures; definition

A. The department shall license and certify foster homes. Licenses are valid for a period of two years.

B. The department shall not issue a license without satisfactory proof that the foster parent or parents have completed six actual hours of approved initial foster parent training as set forth in section 8-503 and that each foster parent and each other adult member of the household has a valid fingerprint clearance card issued pursuant to section 41-1758.07. The foster parent and each other adult member of the household must certify on forms that are provided by the department and that are notarized whether the foster parent or other adult member of the household is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

C. A kinship foster care parent shall apply for a fingerprint clearance card pursuant to section 41-1758.07. In its discretion and for good cause, the department may waive the requirement for a kinship foster care parent to obtain a fingerprint clearance card. In evaluating whether good cause exists, the department shall apply the criteria prescribed in section 41-1758.07, subsections B and C. If the department waives the requirement, the department shall issue to the kinship foster care parent a restricted license that applies only to the children placed with the kinship foster care parent for kinship foster care.

D. The department shall not renew a license without satisfactory proof that the foster parent or parents have completed twelve actual hours of approved ongoing foster parent training during the two-year period of licensure as set forth in section 8-503.

E. If the department determines that completing the training required in subsections B and D of this section would be a hardship to the foster parent or parents, the department may issue a provisional license for a period not to exceed six months. A provisional license may not be renewed.

F. Child welfare agencies that submit foster homes for licensing shall conduct an investigation of the foster home pursuant to licensing rules of the department. The department shall conduct investigations of all other foster homes. If the foster home meets all requirements set by the department, the agency shall submit an application stating the foster home's qualifications to the department. The agency may also recommend the types of licensing and certification to be granted to the foster home.

G. The department shall accept an adoptive home certification study as a licensing home study if the study has been updated within the past three months to include the information necessary to determine whether the home meets foster care licensing standards.

H. This section does not apply if the child is placed in a home by a means other than by court order and if the home does not receive compensation from this state or any political subdivision of this state.

I. The department may not prohibit a person operating a licensed foster home from applying for or receiving compensation as a foster home parent due to employment with this state.

J. The department shall not require a foster parent to immunize the foster parent's natural or adoptive children as a condition of foster home licensure.

K. A licensee may modify the renewal date of a license issued pursuant to this section by submitting an application for modification of renewal date with the department on a form prescribed by the department. The licensee must specify the new month of renewal on the application. The modified renewal date must be before, but not more than six months earlier than, the existing renewal date.

L. The foster care review board shall review the cases of children placed by the department in foster homes licensed pursuant to this section as required by section 8-515.03.

M. If a group foster home is licensed pursuant to this section and will be administering medication to a foster child who will be placed in the group foster home, the group foster home shall develop policies and procedures that identify how the group foster home will manage administering medication to a foster child. The policies and procedures shall include all of the following:

How the group foster home will provide a foster child with qualified health care on a twenty-four hours a day, seven days a week schedule.
The group foster home's process for administering medication to a foster child.
The qualifications of staff members of the group foster home who will be administering medication to a foster child.
The qualifications of staff members of the group foster home who will be supervising a foster child's self-administration of medication.
The supervision, process and documentation of a foster child's self-administration of medication.
The documentation process for the administration of medication, medication errors and drug reactions.
The documentation and process of notification to a foster child's health care provider of a medication administration error or drug reaction.
The procedures for contacting law enforcement, a health care provider or a medical professional when a foster child's refusal to take medication prescribed to the foster child endangers the foster child's or another's health and safety and the procedures for documenting the foster child's refusal to take medication prescribed to the foster child.

N. The department may require a group foster home to employ additional staff when a medically complex child is placed in the care of the group foster home. The department may require a group foster home to modify the group foster home's policies and procedures required by subsection M of this section to accommodate the needs of a medically complex child.

O. For the purposes of this section, "medically complex child" means a child who the department has determined has or is at risk for a chronic physical or developmental condition and who requires health-related services beyond the health-related services that are required by a child in general.

§ 8-509.01 Prospective foster parent's blindness; burden of proof; specific written findings; definitions

A. The department may not refuse to license a foster home based on a prospective foster parent's blindness, if the foster home otherwise qualifies for licensure.

B. If a prospective foster parent's blindness is alleged to have a detrimental impact on the operation of the foster home, the person who raises the allegation has the burden of showing by clear and convincing evidence that the prospective foster parent's behavior endangers or is likely to endanger the health, safety or welfare of a child placed with the foster home.

C. If the department denies or limits the licensing of the foster home operated by the prospective foster parent, the department shall make specific written findings that state the basis of the denial or limitation.

D. For the purposes of this section:

"Blindness" means having either of the following:

(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

"Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.

§ 8-509.02 Licensed foster homes; minimum number required; annual report; definition

A. The department shall establish the minimum number of licensed foster homes that are required throughout this state and within regions that are designated by the department. The minimum number of available licensed foster homes shall be sufficient to place a child in a licensed foster home that best meets the needs of the foster child. The department shall determine the minimum number of licensed foster homes needed. The department may use an estimator tool to calculate the minimum number of licensed foster homes in each designated region. The department shall estimate annually the minimum number of licensed foster homes, which shall be effective at the beginning of each fiscal year. The department may not reduce the minimum number of licensed foster homes until the estimate for the next fiscal year.

B. The department shall categorize the minimum number of licensed foster homes needed pursuant to subsection A of this section into categories of need, including the following categories of foster children who:

Have developmental disabilities.
Have behavioral or emotional needs.
Have medically complex conditions.
Are over thirteen years of age.
Are part of a sibling group of three or more foster children.

C. The department, in consultation with national experts, shall design and begin a campaign to recruit at least the minimum number of licensed foster homes required in each designated region. The department shall report progress toward maintaining or exceeding the minimum number of licensed foster homes pursuant to section 8-526.

D. On or before December 31 of each year, the department shall report to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative oversight committee on the department of child safety. The report must contain the following:

Progress toward achieving the minimum number of licensed foster homes.
Obstacles preventing the department from obtaining the minimum number of licensed foster homes.
Solutions for recruiting and maintaining the minimum number of licensed foster homes.

E. This section does not limit the department's ability to place a child in a kinship foster care setting.

F. For the purposes of this section, "medically complex condition" means a chronic physical or developmental condition that the department has determined a child has or is at risk of having and that requires health-related services beyond the health-related services that are required by a child in general.

§ 8-510 Acceptance of children by agency

A. A licensed child welfare agency may accept any child of a class, age and sex specified in its license, from the child's parent, guardian or relative, or a child which is lawfully committed thereto, and shall care for and control the child until discharged to its parent, relative or guardian, transferred to another child welfare agency or otherwise lawfully committed to another.

B. A licensed child welfare agency may assume the care, custody and guardianship of the person or estate of a child, or both, during the minority of the child, upon the order of a court having jurisdiction.

§ 8-511 Short-term caregiver

A. Except as prescribed in subsection B, if circumstances require a foster parent to leave a foster child in the care of another person, the foster parent shall:

Use reasonable judgment in the foster parent's choice of an adult to provide the care.
Notify the department case manager before the care exceeds twenty-four hours, in a nonemergency situation.
Notify the department case manager before the care exceeds seventy-two hours, in an emergency situation.

B. A foster parent who is certified to provide care to a child with developmental disabilities, a medically fragile child or a child receiving treatment foster care shall implement the alternate care plan that is approved by the department, if the foster parent must leave the foster child in the care of another person.

§ 8-512 Comprehensive medical and dental care; guidelines

A. The department shall provide comprehensive medical and dental care, including behavioral health services, as prescribed by rules of the department, for each child who is:

In a voluntary placement pursuant to section 8-806.
In the custody of the department in an out-of-home placement.
In the custody of a probation department and placed in foster care. The department shall not provide this care if the cost exceeds funds currently appropriated and available for that purpose.

B. The comprehensive medical and dental care consists of those benefits provided by the Arizona health care cost containment system benefit as prescribed in title 36, chapter 29, article 1 and as set forth in the approved medicaid state plan.

C. The department shall require providers to submit claims for medical and dental services pursuant to section 36-2903.01.

D. The department shall require that the provider pursue other third party payors before submitting a claim to the department. Payment received by a provider from the department is considered payment by the department of the department's liability for the bill. A provider may collect any unpaid portion of its bill from other third party payors or in situations covered by title 33, chapter 7, article 3.

E. The department shall not pay claims for services pursuant to this section that are submitted more than one hundred eighty days after the date of the service for which the payment is claimed.

F. The department may provide for payment through an insurance plan, hospital service plan, medical service plan, or any other health service plan authorized to do business in this state, fiscal intermediary or a combination of such plans or methods. The state shall not be liable for and the department shall not pay to any plan or intermediary any portion of the cost of comprehensive medical and dental care in excess of funds appropriated and available for such purpose at the time the plan or intermediary incurs the expense for such care.

G. The total amount of state monies that may be spent in any fiscal year by the department for comprehensive medical and dental care shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.

§ 8-512.01 Behavioral health services; urgent need; dependent and adopted children; definition

A. If a dependent child who is in the legal custody of the department of child safety is placed in an out-of-home placement, the out-of-home placement shall receive immediately on placement of the child from the department an updated complete placement packet, contact information for the child's caseworker, the child's regional behavioral health authority designated point of contact, the telephone number to the Arizona health care cost containment system's customer service line, a list of Arizona health care cost containment system registered providers and information regarding the out-of-home placement's rights, if applicable, under this section.

B. If the out-of-home placement of a dependent child who is in the legal custody of the department of child safety or the adoptive parent of a child who is eligible under title XIX or XXI of the social security act identifies an urgent need for the child to receive behavioral health services, the out-of-home placement or adoptive parent may directly contact a regional behavioral health authority for a screening and evaluation of the child. The regional behavioral health authority shall dispatch an assessment team within seventy-two hours after being notified that the child has entered care in an out-of-home placement or within two hours after being notified that the child has an urgent need. The regional behavioral health authority shall provide an initial evaluation of the child within seven calendar days after a referral or request for services. If after the screening and evaluation it is determined that the child is in need of behavioral health services, the regional behavioral health authority shall provide an initial behavioral health appointment for the child within twenty-one calendar days after the initial evaluation.

C. On completion of the initial evaluation, the out-of-home placement or adoptive parent:

Shall call the regional behavioral health authority designated point of contact and the Arizona health care cost containment system's customer service line if services are not received within twenty-one days to document the failure to receive the service.
May access services directly from any Arizona health care cost containment system registered provider regardless of whether the provider is contracted with the regional behavioral health authority. If the provider is not contracted with the regional behavioral health authority, the provider must submit the provider's claim to the regional behavioral health authority and accept the lesser of one hundred thirty percent of the Arizona health care cost containment system's negotiated rate or the provider's standard rate.

D. If the out-of-home placement or adoptive parent recognizes that the child is in need of crisis services and the crisis services provider in that county is not being responsive to the situation, the out-of-home placement or adoptive parent may contact the child's regional behavioral health authority designated point of contact to coordinate crisis services for the child.

E. If an out-of-home placement or adoptive parent requests the regional behavioral health authority to place a foster child or adoptive child in residential treatment because the child is displaying threatening behavior, the regional behavioral health authority shall respond to the out-of-home placement or adoptive parent within seventy-two hours after the request was made. If the foster child or adoptive child is hospitalized due to the threatening behavior before the regional behavioral health authority responds, the regional behavioral health authority shall reimburse the hospital for all medically necessary care, including any days of the hospital stay during which the child does not meet criteria for an inpatient stay but is not discharged because the regional behavioral health authority has not authorized a safe and appropriate placement for the child outside of the hospital.

F. If a foster child moves into a different county because of the location of the child's out-of-home placement, the child's out-of-home placement may choose to have the child continue any current treatment in the previous county. The out-of-home placement may seek any new or additional treatment for the child in the out-of-home placement's county of residence.

G. The Arizona health care cost containment system administration shall track and report annually the number of times the regional behavioral health authority coordinated crisis services because a crisis services provider was unresponsive, the number of times services were not provided within the twenty-one-day time frame, the amount of services accessed directly by an out-of-home placement or adoptive parents that were provided by noncontracted providers, the list of providers that were formerly contracted with the regional behavioral health authority but that terminated the contract and provided services pursuant to this section for one hundred thirty percent of the Arizona health care cost containment system's negotiated rate and the amount the administration spent on services pursuant to this section. On or before July 1, 2017, the administration shall complete a network adequacy study for behavioral health service providers that provide behavioral health services to children enrolled in the comprehensive medical and dental care program.

H. The Arizona health care cost containment system administration shall adopt corrective action plans, sanctions or other measures to address noncompliance by the regional behavioral health authority, including compliance with the timely payment requirements pursuant to section 36-2904.

I. For the purposes of this section, "out-of-home placement" means a foster home, kinship foster care, a shelter care provider, a receiving home or a group foster home.

§ 8-512.02 Comprehensive health plan expenditure authority fund; reversion

A. The department shall establish and maintain a comprehensive health plan expenditure authority fund, which is a separate fund to distinguish the department's revenues and the department's expenditures pursuant to section 8-512 from other programs that are funded and administered by the department. The fund shall be used to pay administrative and program costs associated with providing comprehensive medical care, dental care and behavioral health services pursuant to section 8-512. The comprehensive health plan expenditure authority fund consists of:

Monies paid by the Arizona health care cost containment system administration pursuant to the contract.
Amounts paid by third-party payors.
Gifts, donations and grants from any source.
Interest on monies deposited in the comprehensive health plan expenditure authority fund.

B. All monies from capitated payments in the comprehensive health plan expenditure authority fund that are unexpended and unencumbered at the end of the fiscal year revert to the state general fund on or before June 30 of the following fiscal year. The transfer amount may be adjusted to pay nonmedicaid claims incurred by the department.

§ 8-513 Participation in activities; contact with relatives; placement with siblings; independent living programs

A. A child may participate in activities and functions generally accepted as usual and normal for children of the child's age group if permission is granted as follows:

If the activity by law requires a license, the agency or division that placed the child may give permission on request of the foster parent.
If the activity includes the child leaving the jurisdiction of the court for a period not to exceed thirty days, the agency or division that placed the child may give permission on request of the foster parent.
If the activity is one which is associated with a school or organization not prohibited by rule of the division, the foster parents of the child may give permission.

B. The state shall indemnify and hold harmless the agency or foster parents for liability that may be incurred or alleged as a result of giving permission pursuant to subsection A if it is reasonably and prudently given. The state shall provide the defense of any action alleging such liability.

C. A child placed in foster care has the right to maintain contact with friends and relatives unless the court has determined that contact is not in the child's best interests as determined pursuant to a court hearing.

D. If a child has been removed from the child's home and placed in out-of-home placement, guardianship or adoptive placement, the department shall make reasonable efforts to place that child with the child's siblings or, if that is not possible, to maintain frequent visitation or other ongoing contact between the child and the child's siblings unless a court determines that either the placement or the visitation or contact would be contrary to the child's or a sibling's safety or well-being.

E. The out-of-home provider for a youth who is at least sixteen years of age shall work with independent living programs that are focused on career, education and future development planning to assist the youth in meeting program goals.

§ 8-514 Placement in foster homes

A. Subject to the provisions of section 8-514.01, the division or a licensed child welfare agency if so authorized in its license may place a child in a licensed foster home for care or for adoption. Notwithstanding any law to the contrary, the division or a licensed child welfare agency may place a child in excess of the number of children allowed and identified in a foster parent's license if the division or agency reasonably believes the foster home has the ability to safely handle additional children, there are no outstanding concerns, deficiencies, reports or investigations known by the division regarding the foster home, and the child meets any of the following criteria:

The child is part of a sibling group that currently resides in the foster home.
The child is part of a sibling group that is being considered for placement in a foster home but because of the maximum child limit would otherwise have to be separated.
The child previously resided in the foster home.
The child is a kinship placement for the foster home.

B. The department shall place a child in the least restrictive type of placement available, consistent with the best interests of the child. The order for placement preference is as follows:

With a parent.
With a grandparent.
In kinship care with another member of the child's extended family, including a person who has a significant relationship with the child. A foster parent or kinship caregiver with whom a child under three years of age has resided for nine months or more is presumed to be a person who has a significant relationship with the child.
In licensed family foster care.
In therapeutic foster care.
In a group home.
In a residential treatment facility.

C. Notwithstanding subsection B of this section, the order for placement preference of a Native American child is as follows:

With a member of the child's extended family.
In a licensed family foster home approved or specified by the child's tribe.
In an Indian foster home licensed or approved by an authorized non-Indian licensing authority.
In an institution approved by the Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs pursuant to 25 United States Code chapter 21.

D. At the time of placement there shall be presented to the foster parents, by the agency or division placing the child, a written summary of known, unprivileged information regarding the child, including the following:

Demographic information.
Type of custody and previous placement.
Pertinent family information including but not limited to the names of family members who, by court order, may not visit the child.
Known or available medical history including but not limited to:

(a) Allergies.

(b) Immunizations.

(d) Physical disabilities.

(e) Other idiosyncrasies.

(f) The child's last doctor, if known.

A summary of the child's history of adjudication on acts of delinquency, as may be public record and available in the file of the clerk of the superior court.

E. The responsibility of the agency or the division for a child placed in a foster home shall be defined in writing and accepted by the person receiving the child. The agency or division shall make available to the foster parents a method of acquiring emergency information that may be necessary to deal with situations that may arise pursuant to their responsibilities as foster parents.

F. Every foster home shall maintain a record of the children received, which shall include facts in regard to the children and their care and shall be in the form and kept in the manner prescribed by the division.

G. In addition to any other relevant factors, the department shall consider the following in determining whether a placement is in the best interests of the child:

The caregiver is interested in providing permanence for the child if reunification efforts ultimately fail.
The expressed wishes of the birth parent and child, if applicable, unless the wishes are contrary to law.
The relationship of the caregiver with the child and the child's family.
The proximity of the placement home to the parents' home and the child's current school or school district.
The strengths and parenting style of the caregiver in relation to the child's behavior and needs.
The caregiver's willingness to communicate and interact with the birth family to support visitation and the reunification process.
The caregiver's ability and willingness to accept placement of the child and all or any of the child's siblings.
If any sibling will be placed separately, the caregiver's ability and willingness to provide or assist in maintaining frequent visitation or other ongoing contact between the child and the child's sibling.
The child's fit with the family with regard to age, gender and sibling relationships.
If the child has chronic behavioral health needs:

(a) Whether the child's behavior will place other children in the home at risk.

(b) The caregiver's ability to provide the necessary level of supervision to prevent harm to the child or others by the child.

Whether placement in the home would comply with the placement preferences prescribed by 25 United States Code section 1915, if applicable.

H. Within thirty days after a dependent child who is at least eight years of age is placed in out-of-home care, unless otherwise recommended by a doctor or therapist, the department shall ensure that the child receives age-appropriate and developmentally appropriate materials and resources about sexual abuse, child sex trafficking and exploitation. The materials and resources must include a definition of sexual abuse, information about the dangers of online and in-person predators and methods for reporting abuse. The materials and resources may include a twenty-four-hour hotline telephone number.

§ 8-514.01 Placement of children with developmental disabilities

A. All foster placements of children with developmental disabilities made by the division shall be made to child developmental homes for children with developmental disabilities that are operated or licensed by the department of economic security pursuant to title 36, chapter 5.1, article 3 and that provide specialized programs for children with developmental disabilities, except that placements of children with developmental disabilities to foster homes licensed pursuant to this article may be made if the division determines that such placement is in the best interests of the child.

B. A regular foster home shall apply for certification as a child developmental certified home pursuant to section 36-593.01 if either of the following applies:

The department of child safety has placed a foster child with a developmental disability in the foster home.
A foster child in the foster home has been determined by the department of economic security to have a developmental disability.

C. Subsection B of this section does not apply to a regular foster home or group foster home with a foster child with a developmental disability who was placed in the home before August 6, 2016. Any such placements shall continue to be licensed, certified and monitored by both the department of child safety and the department of economic security.

§ 8-514.02 Placement of child

A. The department may place a child with a parent, a relative or a person who has a significant relationship with a child.

B. During an emergency situation when a child must be placed, the department shall not place a child with a relative or a person who has a significant relationship with the child unless each adult member of the relative's or person's household consents to both of the following:

A preliminary state and federal name-based background check.
Within fifteen calendar days from the date the name-based background check is conducted, the submission of a full set of the person's fingerprints to obtain a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. Except for a placement pursuant to section 8-861, before a child who has been in out-of-home care is placed with a parent, the department shall conduct a background check pursuant to section 41-1750 of all adult household members and all adults who have been identified as having caregiving responsibilities of the child in the home. The results of this background check shall be considered when making a safety assessment of the placement.

D. The department shall immediately remove a child from a home if any adult household member fails to provide fingerprints as provided in subsection B of this section. If placement of the child in the home was ordered by the court, the department shall immediately request a change of physical custody from the court.

E. Unless approved in writing by the department, the parent or relative shall not allow the child to:

Be placed with any other person.
Have any contact with the allegedly abusive or neglectful parent, guardian or custodian or other person designated by the department.
Leave this state.

F. If a child is placed with a parent or relative pursuant to this section, the department shall inform the parent or relative about available financial and nonfinancial services and eligibility requirements and shall assist the parent or relative to complete the necessary applications.

§ 8-514.03 Kinship foster care; requirements; investigation

A. The department shall establish kinship foster care services for a child who has been removed from the child's home and who is in the custody of the department. The program shall promote the placement of the child with the child's relative or a person with a significant relationship with the child for kinship foster care.

B. A kinship foster care parent applicant who is not a licensed foster care parent shall be at least eighteen years of age. The applicant and each member of the applicant's household who is at least eighteen years of age shall submit a full set of fingerprints to the department of child safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The department of child safety shall determine if the applicant is able to meet the child's health and safety needs by conducting one or more home visits and interviewing the applicant. The department of child safety may interview other household members, review the applicant's personal and professional references and conduct department of child safety central registry checks.

C. If the department determines that a kinship foster care placement is not in the best interest of the child, the department shall provide written notification to the applicant within fifteen business days. The notice shall include the specific reason for denial, the applicant's right to appeal and the process for reviewing the decision.

D. A kinship foster care parent may be eligible to receive the following financial services for the child:

Full foster care benefits, including payment if the kinship foster care parent becomes a licensed foster care home or if the kinship foster care parent obtains a restricted license pursuant to section 8-509, subsection C.
Temporary assistance for needy families cash assistance payments for a child only case and supplemental financial support.

E. The department shall establish procedures for child welfare workers to inform kinship foster care families about available financial and nonfinancial services and eligibility requirements and shall assist the families in completing the necessary application.

F. If a family declines to apply for financial services, the family shall sign a statement indicating that the family declined services. The statement does not prevent the family from making application in the future. The worker shall provide a copy of the statement to the family.

G. The department shall provide nonfinancial services for a kinship foster care parent through existing means or referral. Nonfinancial services may include:

Family assessment.
Case management.
Child day care.
Housing search and relocation.
Parenting skills training.
Supportive intervention and guidance counseling.
Transportation.
Emergency services.
Parent aid services.
Respite services.
Additional services that the department determines are necessary to meet the needs of the child and family.

§ 8-514.04 Kinship care program; requirements

A. The kinship care program is established in the department. The program shall:

Streamline, expedite and coordinate existing services and referrals.
Preserve families.
Meet the protection, developmental, cultural and permanency needs of children.
Enable families to sustain support for a child who cannot live with the child's parents.
Promote the best interests of the child.

B. The department shall adopt rules to prescribe application and eligibility requirements that provide an expedited process for kinship care families to receive child only temporary assistance for needy families.

C. The department shall use existing measures for outreach and marketing in order to facilitate community awareness regarding the program.

D. The department of economic security shall submit an amendment to modify the temporary assistance for needy families state plan to the United States department of health and human services. The amendment shall waive the face-to-face requirement for relative caregivers applying for temporary assistance for needy families, for a child only case.

E. Any kinship care family that applies for or receives cash assistance under this section on behalf of a dependent child who is under eighteen years of age shall conform to the requirements established pursuant to sections 46-292 and 46-295 and department of economic security rule unless the requirements have been modified pursuant to this section.

F. The department shall keep confidential information it obtains pursuant to this section.

§ 8-514.05 Foster care provider and department access to child health information; consent to treatment

A. If a health plan, a health care provider licensed or certified pursuant to title 32 or title XIX of the social security act or a health care institution licensed pursuant to title 36, chapter 4 has provided or is providing services to a child placed in out-of-home placement and has custody or control of that child's medical or behavioral health records, the plan, provider or institution must provide the following to the child's foster parent, group home staff, foster home staff, relative or other person or agency in whose care the child is currently placed pursuant to this article or article 6 of this chapter:

Medical records.
Behavioral health records.
Information relating to the child's condition and treatment.
The child's prescription and nonprescription drugs, medications, durable medical equipment, devices and related information.

B. If a health plan, a health care provider licensed or certified pursuant to title 32 or title XIX of the social security act or a health care institution licensed pursuant to title 36, chapter 4 has provided or is providing services to a child for whom the department has legal custody or is providing foster care or substance abuse services and has custody or control of that child's medical or behavioral health records, the plan, provider or institution must provide the following to the department's employees who are involved in the child's case management:

Medical records.
Behavioral health records.
Information relating to the child's condition and treatment.
The child's prescription and nonprescription drugs, medications, durable medical equipment, devices and related information.

C. If the department has temporary custody of a child pursuant to this title or has legal custody pursuant to a court order, the department:

May consent to any of the following:

(a) Evaluation and treatment for emergency conditions that are not life threatening.

(b) Routine medical and dental treatment and procedures, including early periodic screening diagnosis and treatment services, and services by health care providers to relieve pain or treat symptoms of common childhood illnesses or conditions.

(d) Blood transfusions.

(e) General anesthesia.

(f) Testing for the presence of the human immunodeficiency virus.

May not consent to abortions.
To the extent possible, shall consult with each biological parent of the child whose parental rights have not been terminated when making health care decisions for a child in the department's custody.

D. The foster parent, group home staff, foster home staff, relative or other person or agency in whose care the child is currently placed pursuant to this article or article 6 of this chapter:

May give consent for the following:

(a) Evaluation and treatment for emergency conditions that are not life threatening.

Shall not consent to:

(a) General anesthesia.

(b) Surgery.

(d) Abortions.

§ 8-514.06 Out-of-home placement; documents; definition

A. If a child who is in the custody of the department and who is at least sixteen years of age is placed in out-of-home placement, the out-of-home placement provider:

Within sixty days after placement, shall obtain and provide the child access to the documents if the out-of-home placement provider is a child welfare agency.
May obtain and provide the child access to the documents if the out-of-home placement provider is a licensed foster home or a kinship foster home.

B. If an out-of-home placement provider requests a document pursuant to subsection A of this section and the department of child safety verifies the current placement, the department of health services or the department of transportation, as applicable, shall provide the out-of-home placement provider with the requested document that the relevant department maintains.

C. The department of health services shall waive any fees charged by an agency to provide a document prescribed by subsection A of this section.

D. The department of child safety shall provide a foster parent or kinship foster parent with the social security number of a child in the foster parent's or kinship foster parent's care for a lawful purpose within ninety days after the foster parent's or kinship foster parent's request.

E. The department of child safety shall provide a child who is in its custody and who is at least fourteen years of age with the child's social security card within one hundred twenty days after receipt of a written request from the child.

F. The department shall request a birth certificate for a child who is in the custody of the department and who is placed in out-of-home placement within thirty days after the child's placement, unless the child is returned to custody of the child's parent within that thirty-day period.

G. For the purposes of this section, "documents" means all of the following:

The child's birth certificate.
The child's nonoperating identification license.
The child's immunization records.

§ 8-514.07 Kinship foster care; relative identification and notification; due diligence search

A. If a child is taken into temporary custody, as part of the ongoing search, the department shall use due diligence in an initial search to identify and notify adult relatives of the child and persons with a significant relationship with the child within thirty days after the child is taken into temporary custody.

B. The search to identify adult relatives of the child or persons with a significant relationship with the child must include:

An interview with the child's parent.
An interview with the child.
Interviews with identified adult relatives.
Interviews with other persons who are likely to have information regarding the location of adult relatives of the child or persons with a significant relationship with the child.
A comprehensive search of available records that are likely to help identify and locate a person being sought, including:

(a) Employment records.

(b) Vehicle registration records.

(d) Utility accounts.

(e) Previous residential addresses.

(f) Law enforcement records.

(g) State department of corrections records.

Thorough inquiries by the court of the parties during case hearings.
Any other means the department deems likely to identify adult relatives of the child or persons with a significant relationship with the child.

C. Within thirty days after the child is taken into temporary custody and at each subsequent review and report hearing or permanency planning hearing, the department shall file with the court documentation regarding attempts made pursuant to this section or as otherwise required by the court to identify and notify adult relatives of the child and persons with a significant relationship with the child. This documentation shall include a detailed narrative explaining the department's efforts to consider each potential placement and the specific outcome.

D. The department shall provide notice to adult relatives of the child and persons with a significant relationship with the child who are identified through the search requirements of this section. The notice shall do the following:

Specify that the child has been or is being removed from the child's parental custody.
Explain the options an adult relative of the child or a person with a significant relationship with the child has to participate in the care or placement of the child.
Explain that financial assistance and other forms of support are available to adult relatives of the child and persons with a significant relationship with the child with whom the child is placed.
Describe the process for becoming a licensed foster parent and the additional services and support that are available for children placed in approved foster homes.
Require an adult relative of the child or a person with a significant relationship with the child to respond within thirty days after receiving notice that the child has been removed from the home.

E. If the child is not placed with an adult relative of the child or person with a significant relationship with the child or the child is placed with an adult relative or person with a significant relationship with the child who is unable or unwilling to provide permanent placement for the child, the department shall continue to conduct an ongoing search for adult relatives of the child or persons with a significant relationship with the child. The department shall engage in search efforts if ordered by the court, a change in the child's placement occurs or a party shows that the search is in the best interest of the child.

F. The department shall file with the court documentation of both of the following:

The completed due diligence search efforts. This documentation shall include:

(a) The names of and relevant information about adult relatives of the child or persons with a significant relationship with the child.

(b) The steps taken by the department to locate and contact adult relatives of the child or persons with a significant relationship with the child.

(d) The dates of each attempted or completed contact with an adult relative of the child or a person with a significant relationship with the child.

(e) The reasons why an adult relative of the child or a person with a significant relationship with the child was not considered for temporary or permanent placement of the child.

All efforts for placement of the child through an interstate compact agreement pursuant to section 8-548. This documentation shall include:

(a) The names of adult relatives of the child or persons with a significant relationship with the child who were considered for an interstate placement.

(b) Any pending placement of the child through an interstate compact agreement.

(c) All potential out-of-state placements outside of an interstate compact agreement and the reasons such placements have not been initiated.

G. If an out-of-state placement option exists and the department has failed to file a request with the receiving state pursuant to the requirements of an interstate compact agreement pursuant to section 8-548, the court shall enter a finding that the department has not made a due diligence search and shall order the department to file a request with the receiving state pursuant to the terms of the interstate compact agreement.

§ 8-514.08 Educational decisions; parent contact information; inability to locate

A. If a child in the custody of the department is in out-of-home care and is receiving or in need of services pursuant to title 15, chapter 7, article 4, the department shall promptly notify the child's public education agency of the name and contact information for the child's parent, as defined in 34 Code of Federal Regulations section 300.30, unless a court has ordered otherwise.

B. If a public education agency notifies the department that the child requires an initial evaluation for special education and related services and the parent identified pursuant to subsection A of this section cannot be located or does not attempt to participate, the department shall promptly notify the public education agency of a parent, as defined in 34 Code of Federal Regulations section 300.30, who can consent to or refuse the initial evaluation in accordance with 20 United States Code section 1414.

C. When the biological or adoptive parent of the child attempts to act as the parent, the biological or adoptive parent is presumed to be the parent for the purposes of this section.

§ 8-515 Time limits on placement in receiving home; court orders

A. In the absence of a juvenile court order, a child shall not remain in a receiving foster home for a period of more than three weeks.

B. Juvenile court orders extending receiving foster home placement beyond three weeks shall be reviewed by the juvenile court at least once each week, beginning one week from the date of the order. At the time of this review, the juvenile court shall either reaffirm or withdraw the order.

§ 8-515.01 Local foster care review boards; appointment; exclusions; terms; training; compensation; meetings

A. The presiding judge of the juvenile court in each county shall establish local foster care review boards for the review of cases of children who are in out-of-home placement and who are the subject of a dependency action to assist in the review required pursuant to section 8-862. The judge shall establish one board for each one hundred children, or fraction of that number. The judge may decide not to create an additional review board if the number of children assigned to a review board exceeds one hundred by fewer than fifty children. The boards shall consist of at least five regular members. The judge may appoint one alternate member for each board if deemed necessary. The alternate member shall receive the same level of access to all necessary records, reports and data as a regular board member and shall serve on the review board in the absence of one of the regular members. Each board, to the maximum extent feasible, shall represent the various socioeconomic, racial and ethnic groups of the county in which it serves. A list of the members of each local board shall be sent to the supreme court.

B. The presiding judge shall not appoint a person employed by the division or the juvenile court to a local board.

C. On the appointment of a new local board, regular board members shall divide themselves by lot into three classes as nearly equal in number as possible. Members of the first class shall serve for a term of one year, members of the second class shall serve for a term of two years and members of the third class shall serve for a term of three years. All subsequent local board members, including alternate members, shall serve for a term of three years, except if a member has been appointed to fill a vacancy occasioned other than by the expiration of a full term of office. The term of each member shall expire on the third Monday in January of the appropriate year. Members shall continue to serve until a successor is appointed. In the event a vacancy occurs on the local board, the judge shall appoint another person to serve the unexpired portion of the term.

D. A person shall not remain on a local board unless the person participates in the training established pursuant to section 8-515.04.

E. Each local board shall elect a chairman and a vice-chairman and other officers as it deems necessary.

F. Local board members shall be compensated pursuant to title 38, chapter 4, article 2.

G. Each local board shall meet, at a place designated by the juvenile court, as often as it deems necessary to carry out the duties of the local board. A local board shall not meet less than twice annually.

§ 8-515.02 Case assignment; distribution of records

A. The juvenile court in each county shall assign cases of children in out-of-home placement to a local board so that local boards are assigned an approximately equal number of children. In a case where a child resides in a county other than the resident county of the child's parents, the county of the child's original jurisdiction shall maintain jurisdiction unless, for valid reasons, the judge of such county transfers jurisdiction. A list of the cases so assigned shall be sent to the local board and the supreme court.

B. Notwithstanding subsection A of this section, the juvenile court in each county in its discretion may assign appropriate cases of children in out-of-home placement to a local foster care review board for early review of the case plan within sixty days after the removal of the child from the child's home.

§ 8-515.03 Duties of local foster care review boards

A. Local foster care review boards shall:

Review within six months of placement and at least once every six months thereafter the case of each child who remains in out-of-home placement and who is the subject of a dependency action to determine what efforts have been made by the department and the agency with which the child has been placed to carry out the case plan for the permanent placement of such child. The review period for out-of-home placement includes time that a child is in voluntary placement pursuant to section 8-806. The court and the department shall review a local foster care review board's findings and recommendations at the next scheduled dependency review hearing and the court shall address the board's recommendations on the record. The department shall provide the local foster care review board with written notice within ten business days of the date of the receipt of the recommendation if the department intends to accept or not implement the board's recommendations.
Allow a child's parents and grandparents to attend the local foster care review board's review of the case. The parent or grandparent may be accompanied at the review by an advocate of the parent's or grandparent's choice.
Review any case assigned by the juvenile court for early review of the case plan within sixty days after the removal of a child from that child's home.
Submit to the juvenile court within thirty days following the review its findings and recommendations regarding the efforts and progress made by the department and agency to carry out the case plan, together with any other recommendations it chooses to make regarding the child. The findings and recommendations shall include the date of the next review. A copy of such findings and recommendations shall be sent to the division or the agency, if the juvenile court has awarded custody of the child to the agency, and to such other interested parties as the court may require.
Encourage and facilitate the timely return of children to their natural parents or, if the board finds that one or more of the grounds listed in section 8-533 may exist, encourage the appropriate agency to initiate such procedures as would make the child eligible for adoption, followed by a maximum effort by the agency to place the child for adoption.
Encourage the department and all agencies involved in placing children in out-of-home placement to exert all possible efforts to make arrangements for permanent plans for children for whom return to natural parents or adoption is determined to be infeasible or impossible.
Promote and encourage the department and all agencies involved in placing children in foster care to maximize stability and family continuity for children in foster care by discouraging unnecessary changes in the placement of foster children and by recruiting foster parents who may be suitable and eligible as adoptive parents.
Assist the department and agencies in informing natural parents, foster parents and other interested parties of their rights and responsibilities with respect to any child in out-of-home placement. Natural parents, foster parents and other interested parties may be involved in the review process when appropriate.
Make recommendations to the state board regarding foster care policies and procedures as they relate to the children assigned for their review.

B. The department shall provide to the supreme court direct remote access to all automated case management systems that are used by the department for the supreme court to use in assisting a local foster care review board in performing the board's duties. If information is not available through the department's automated case management systems, the department shall provide the supreme court with a hard copy of all records kept by the department for the supreme court to use in assisting a local foster care review board in performing the board's duties.

§ 8-515.04 State foster care review board; members; personnel; training programs; annual report; compensation

A. The state foster care review board is established within the supreme court consisting of three persons who have knowledge of the problems of foster care and who are appointed by the supreme court and of the members of the local foster care review boards who are appointed by the presiding judge of the juvenile court. In counties having only one foster care review board, the judge shall appoint one member. In counties having more than one foster care review board, the presiding judge of the juvenile court shall appoint to the state board only one member for every ten boards except that not more than six members may be appointed from any county. Members of the state board who are local board members shall serve terms that are coterminous with their terms as members of local review boards. Members who are appointed by the supreme court shall serve terms that are not less than two years, nor more than five years.

B. The state foster care review board shall select a chairperson and a vice chairperson and any other officers it deems necessary.

C. The state foster care review board shall meet not less than twice annually and more frequently on the call of the chairperson or as the board determines. The supreme court may adopt reasonable rules relating to the functions and procedures of the local boards and the state board in accordance with the duties of the boards as provided in this article. The state board shall review and coordinate the activities of the local boards.

D. The supreme court shall employ a coordinator and other personnel it deems necessary to carry out the duties of the state foster care review board and the local boards. Compensation for all personnel shall be determined pursuant to section 38-611.

E. The state foster care review board shall establish training programs for local board members, which shall include periodic in-service training.

F. On or before November 1 of each year, the state foster care review board shall submit a report to the governor, the president of the senate, the speaker of the house of representatives and the chairpersons of the senate and house of representatives health and human services committees, or their successor committees, and shall provide a copy of this report to the secretary of state. The annual report shall contain all of the following information:

The number of times the state board failed to submit state board reports to the juvenile court within a time frame that allows sufficient time for judicial review before a dependency hearing.
The state board's progress in facilitating and increasing parent and foster parent attendance at local board reviews.
The number of times the state board failed to timely and accurately enter data about child dependency cases and local board reviews into the state board data system.

G. State foster care review board members shall be compensated as determined pursuant to title 38, chapter 4, article 2.

§ 8-515.05 Removal of child from foster parent's home; requirements; notification; review

A. Unless a child is removed from a licensed foster parent, excluding a shelter care provider and receiving foster parent, to protect the child from harm or risk of harm, to place a child in a permanent placement, to reunite siblings, to place a child in a kinship foster home, to place a child in the least restrictive setting, to place a child in a therapeutic setting or to place a child in accordance with the Indian child welfare act (25 United States Code section 1915), the department shall inform the licensed foster parent of the department's intent to remove a child and place the child in another foster care placement. The department shall inform the licensed foster parent of the specific reason for the child's planned removal from the licensed foster parent.

B. If the licensed foster parent disagrees with the removal, the licensed foster parent shall notify the department within twenty-four hours of being informed. If the licensed foster parent disagrees with the plan to remove the child and place the child in another foster home placement, the department shall convene a case conference to review the reasons for the removal. The licensed foster parent and two members of the foster care review board shall participate in the case conference. A child shall not be removed unless a majority of the members who participate in the case conference agree that removal is necessary.

C. The department shall inform the licensed foster parent and the foster care review board of the time, date and location of the case conference to review the planned removal. The case conference shall be held within seventy-two hours after the licensed foster parent notifies the department that the licensed foster parent disagrees with the planned removal, excluding weekends and holidays. The child shall remain in the current placement pending the outcome of the case conference.

D. If, as a result of the case conference, it is the department's continued intent to move the child pursuant to subsection A and the licensed foster parent continues to disagree and the child:

Is in the court ordered physical custody of the licensed foster parent, a foster care review board member shall provide a recommendation to the court regarding the removal of the child before the change of physical custody. The child shall remain in the current placement pending a court order for removal.
Is not in the physical custody of the licensed foster parent, the licensed foster parent shall be advised of the department's conflict resolution process. The department shall expedite the conflict resolution process. The child shall remain in the current placement pending the outcome of the conflict resolution process.

E. The department may not use as the basis for removing a foster child from a licensed foster parent the foster parent's request to disrupt a foster child or the dissolution of an adoption that occurred based on either of the following:

The foster or adoptive parent was unable to receive services that the child was statutorily entitled to receive.
The foster or adoptive child threatened the health or safety of the family.

§ 8-516 Supervision of foster homes; reports; review of file; progress report

A. A licensed child welfare agency shall maintain supervision of all children placed by it in foster homes and such foster homes.

B. The agency's representative shall contact the foster homes and written reports of the representative's findings shall be maintained by such agency, subject to the review of the division.

C. Receiving foster homes shall be visited at least once per month.

D. Regular and special foster homes shall be visited at least once every three months.

E. A complete review of the placement and progress concerning a child in a foster home shall be made by the division or the agency, if the juvenile court has awarded custody of the child to the agency, at least every six months. The division or agency shall prepare a progress report resulting from the review, and a copy of such report shall be sent to the juvenile court and the foster care review board. The progress report shall include:

An assessment of the extent to which the division or agency is accomplishing the purpose of foster care for the child as described in the case plan.
An assessment of the appropriateness of the case plan.
The length of time the child has been in foster care.
The number of foster home placements the child has experienced while in foster care and the length of each placement.

§ 8-517 Withdrawal from foster home

The division or agency that placed the child may withdraw a child from a foster home only when the division or agency determines that withdrawal is according to written, specific standards and is clearly necessary for the child's interests and welfare. The division may change the placement of a child made pursuant to section 8-514.02 if the change is necessary for the child's best interests and welfare.

§ 8-518 Central registry; change of address; marital status

A. The division shall maintain a central registry of all licensed foster homes.

B. All foster home parents shall report any change of their address or marital status to the division and agency.

§ 8-519 Records and reports

A. Each child welfare agency shall keep records regarding the children in its care as the division prescribes and shall furnish to the division, on request, such additional information as the division requires.

B. The department shall provide information necessary for foster care review boards to perform their statutory duties through direct remote online access to all DCS information as defined in section 8-801 identified by the foster care review board as necessary for the performance of the board's duties. If the information contained in the record is not available in an automated case management system used by the department, the department shall furnish any hard copy record pertaining to a case assigned to a foster care review board that is necessary for the performance of the board's duties and that is kept by the division or a child welfare agency to the board.

C. All records and information 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 chapter 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.

§ 8-520 Violations; classification

Any agency, society, association, institution or person, whether incorporated or unincorporated, and any individual acting for or in its name, which engages in caring for children or children and adults or of placing children for care pursuant to this article, without having first procured a license as a child welfare agency as provided in this article, or which knowingly fails or refuses to report as required by the provisions of this article, or which knowingly obstructs or hinders the division, the department of economic security or the agents of either agency in the inspection or investigation of the agency, societies, associations, institutions or persons under the respective agency's control or charge, or any person knowingly violating any of the other provisions of this article is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this article.

§ 8-521 Independent living program; conditions; eligibility; rules; progress reports; educational case management unit

A. The department or a licensed child welfare agency may establish an independent living program for youths who are the subject of a dependency petition or who are adjudicated dependent and are all of the following:

In the custody of the department, a licensed child welfare agency or a tribal child welfare agency.
At least seventeen years of age.
Employed or full-time students.

B. The independent living program may consist of a residential program of less than twenty-four hours a day supervision for youths under the supervision of the department through a licensed child welfare agency or a foster home under contract with the department. Under the independent living program, the youth is not required to reside at a licensed child welfare agency or foster home.

C. The director or the director's designee shall review and approve any recommendation to the court that a youth in the custody of the department be ordered to an independent living program.

D. For a youth to participate in an independent living program, the court must order such a disposition pursuant to section 8-845.

E. The department of child safety, a licensed child welfare agency or a tribal child welfare agency having custody of the youth shall provide the cost of care as required by section 8-453, subsection A, paragraph 9, subdivision (b), item (iii) for each youth placed in an independent living program pursuant to this section, except that the monthly amount provided shall not be less than $1,200.

F. The department shall adopt rules pursuant to title 41, chapter 6 to carry out this section.

G. The department shall provide quarterly progress reports to the court and to local foster care review boards for each youth participating in the independent living program.

H. The local foster care review boards shall review at least once every six months the case of each youth participating in the independent living program.

I. The department shall establish an educational case management unit within the division consisting of two case managers to develop and coordinate educational case management plans for youths participating in the independent living program and to assist youths in the program to do the following:

Graduate from high school.
Pass the statewide assessment pursuant to section 15-741.
Apply for postsecondary financial assistance.
Apply for postsecondary education.

§ 8-521.01 Transitional independent living program

A. The department may establish a transitional independent living program for persons who meet the following qualifications:

The person is under twenty-one years of age.
The person was the subject of a dependency petition, adjudicated dependent or placed voluntarily pursuant to section 8-806.

B. The department shall provide care and services that complement the person’s own efforts to achieve self-sufficiency and to accept personal responsibility for preparing for and making the transition to adulthood. The care and services provided shall be based on an individualized written agreement between the department and the person.

C. Care and services may be provided as follows:

If the person was in out-of-home placement or in the independent living program when the person became eighteen years of age, the department may provide out-of-home placement, independent living or other transitional living support services.
If the person was in out-of-home placement in the custody of the department, a licensed child welfare agency or a tribal child welfare agency while the person was sixteen, seventeen or eighteen years of age, the department may provide transitional living support services.

§ 8-521.02 Extended foster care program; requirements

A. The department may establish an extended foster care program for qualified young adults. To participate in the program, a qualified young adult must meet all of the following requirements:

Have been in the custody of the department as a dependent child when the young adult became eighteen years of age.
Be eighteen, nineteen or twenty years of age and be one or more of the following:

(a) Completing secondary education or an educational program leading to an equivalent credential or be enrolled in an institution that provides postsecondary or vocational education.

(b) Employed at least eighty hours a month.

(d) Unable to be a full-time student or to be employed because of a documented medical condition.

Sign a voluntary extended foster care agreement with the department on or after the qualified young adult's eighteenth birthday and before the young adult's twenty-first birthday.

B. The department shall provide a progress report every six months to the young adult administrative review panel for each qualified young adult who participates in the extended foster care program.

C. The young adult administrative review panel shall review, at least once every six months, the qualified young adult's voluntary extended foster care case plan, including the services and supports provided and needed to assist the young adult in the young adult's successful transition to adulthood.

D. The department shall develop and coordinate educational case management plans for a qualified young adult participating in the extended foster care program to assist the qualified young adult to accomplish the following:

Graduate from high school.
Pass the statewide assessment to measure pupil achievement adopted pursuant to section 15-741.
Apply for postsecondary education financial assistance.
Apply for postsecondary education.
Complete postsecondary education classes.

§ 8-521.03 Extended foster care comprehensive service model; extended foster care success coaching program; quality review committee; reporting requirements; fund; definitions

A. Within ten days after September 26, 2025, the department shall prepare a scope of work for an extended foster care comprehensive service model that includes supportive services and required case management provided by contracted community providers for young adults who participate in the extended foster care program. The extended foster care comprehensive service model scope of work shall include:

Weekly engagement with each young adult.
Life skills training.
Mental and physical health and well-being.
Relational permanency.
Education and enrollment assistance.
Assistance with accessing safe housing attainment and stability for young adults.
Career and employment planning and readiness.
Assistance with accessing transportation services for young adults.
Flexible funding to support the unique needs of the young adult, including educational services and job training or workforce development.

B. The extended foster care comprehensive service model shall include an extended foster care success coaching program for young adults in the extended foster care program. Each extended foster care success coach shall have a caseload of not more than twenty young adults. The extended foster care success coaching program shall be based on a practice that is youth driven and shall do the following:

Promote permanent connections.
Support the development of an educational foundation and skill set that enables young adults to gain and maintain employment to support their financial needs.
Assist young adults to reside in safe, stable and secure housing.
Link young adults to appropriate services that address physical and behavioral health needs.
Build skills for developing personal agency.
Ensure that young adults have the cognitive and social-emotional competencies essential to survival.

C. The department shall supervise and monitor the success of the extended foster care success coaching program.

D. Each extended foster care success coach shall:

Successfully complete a department-administered foster care success coach training program.
Possess a bachelor's or associate's degree or have equivalent credits equal to an associate's degree. In lieu of a degree or credits, an extended foster care success coach may possess skills that the coach acquired through alternative routes such as relevant job training, community college attendance, military service or an apprenticeship.
Have experience working with youth or young adults.
Exhibit the belief that all young adults have the capacity to be successful in life.

E. The extended foster care success coaching program shall:

Operate from an evidence-based framework.
Ensure that the young adults served are aware of their rights to normalcy.
Assist young adults to advocate with caregivers to experience activities and opportunities that meet individual interests.
Support caregivers in identifying root causes of behaviors that present barriers to transition and provide opportunities that assist young adults in healing and addressing underlying trauma.
Develop feedback that allows young adults to communicate their needs and satisfaction with provided services.
Deliver interventions that are tailored to each young adult's strengths and experiences.

F. The department shall solicit agencies to administer the extended foster care comprehensive service model within thirty days after September 26, 2025 and select an agency within ninety days after September 26, 2025. The department shall implement the extended foster care comprehensive service model within one hundred fifty days after September 26, 2025.

G. The department shall establish an extended foster care quality review committee within the department consisting of department staff members. The committee shall confirm that a young adult who participates in the extended foster care program meets all of the following:

The eligibility criteria.
Has connections to supportive adults who are actively involved in the young adult's life.
Has a person-centered case and transition plan that supports the young adult's identified goals and future planning.
Is acquiring individualized skills to develop the tools that are needed to thrive outside of the extended foster care program.

H. On or before November 1 of each year, the department shall submit to the joint legislative budget committee, the senate health and human services committee, or its successor committee, and the house of representatives health and human services committee, or its successor committee, a report on the extended foster care comprehensive service model. The report shall include data and statistics on:

The support and services to be offered by the extended foster care comprehensive service model.
The extended foster care program's eligibility requirements.
The young adult's program responsibilities.
Case and transition planning opportunities.
Health insurance coverage for young adults in the extended foster care program.
Educational opportunities for young adults in the extended foster care program.
Opportunities for mentors through the extended foster care program.
Transportation services for young adults in the extended foster care program, including obtaining a driver license.
Housing, including semisupervised living arrangements if those arrangements best meet the young adult's needs.

I. The department shall provide to the joint legislative budget committee a quarterly report that includes all of the following:

The number of young adults served in the extended foster care comprehensive service model.
The young adult's participation in regular reviews with extended foster care staff.
Other performance measures as updated by the extended foster care quality review committee and as determined by the chairperson of the joint legislative budget committee.

J. The extended foster care comprehensive service model fund is established consisting of legislative appropriations. The department shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The department shall use monies in the fund for the purposes prescribed in this section.

K. For the purposes of this section:

"Department" means the department of child safety.
"Young adult" means a person who is at least seventeen and one-half years of age and under twenty-one years of age and who participates or will participate in the extended foster care program established pursuant to section 8-521.02.

§ 8-522 Dependency actions; special advocate; appointment; duties; immunity

A. The presiding judge of the juvenile court in each county may appoint an adult as a special advocate for a child who is the subject of a dependency action. The court shall make this appointment at the earliest possible stage in the proceedings. A child, through the child's special advocate, guardian ad litem or attorney, has the right to be informed of, to be present at and to be heard in any proceeding involving dependency or termination of parental rights.

B. The supreme court shall certify special advocates pursuant to rules adopted by the court. Court rules for certification shall include compliance with qualification standards prescribed by the court.

C. The appointment of the special advocate continues until the court relieves the advocate of the advocate's responsibilities or until the court dismisses the action before it.

D. A special advocate serves without compensation but is entitled to reimbursement of expenses pursuant to guidelines prescribed by the supreme court by rule.

E. A special advocate shall:

Meet with the child.
Advocate for the child's safety as the first priority.
Gather and provide independent, factual information to aid the court in making its decision regarding what is in the child's best interest and in determining if reasonable efforts have been made to prevent removal of the child from the child's home or to reunite the child with the child's family.
Provide advocacy to ensure that appropriate case planning and services are provided for the child.
Perform other duties prescribed by the supreme court by rule.

F. A special advocate shall have access to all documents and information regarding the child and the child's family without obtaining prior approval of the child, the child's family or the court. All records and information the special advocate acquires, reviews or produces may only be disclosed as provided for in section 41-1959.

G. The special advocate shall receive notice of all hearings, staffings, investigations and other matters concerning the child. The special advocate shall have a right to participate in the formulation of any agreement, stipulation or case plan entered into regarding the child.

H. A special advocate is immune from civil or criminal liability for the advocate's acts or omissions in connection with the authorized responsibilities the special advocate performs in good faith.

§ 8-523 Special advocate program

A. The court appointed special advocate program is established in the administrative office of the supreme court. The program shall establish local special advocate programs in each county. The supreme court shall adopt rules prescribing the establishment of local programs and the minimum performance standards of these programs.

B. The supreme court shall employ administrative and other personnel it determines are necessary to properly administer the program and to monitor local program performance.

C. Special advocate program personnel are not civilly or criminally liable for good faith actions they take in connection with their responsibilities.

§ 8-524 Court appointed special advocate and vulnerable persons fund

A. The court appointed special advocate and vulnerable persons fund is established consisting of monies received pursuant to section 5-568. The fund is subject to annual legislative appropriation. Monies appropriated by the legislature from the court appointed special advocate and vulnerable persons fund shall be used by the supreme court to operate, improve, maintain and enhance the court appointed special advocate program and court functions benefiting vulnerable persons.

B. A court may request fund monies by submitting a program plan and funding request to the supreme court pursuant to rules adopted by the court.

§ 8-525 Open court proceedings; closure; records

A. Except as otherwise provided pursuant to this section and section 8-537, court proceedings relating to dependent children, permanent guardianship and termination of parental rights are open to the public.

B. At the first hearing in any dependency, permanent guardianship or termination of parental rights proceeding, the court shall ask the parties if there are any reasons the proceeding should be closed. For good cause shown, the court may order any proceeding to be closed to the public except as provided in section 8-537. In considering whether to close the proceeding to the public, the court shall consider:

Whether doing so is in the child's best interests.
Whether an open proceeding would endanger the child's physical or emotional well-being or the safety of any other person.
The privacy rights of the child, the child's siblings, parents, guardians and caregivers and any other person whose privacy rights the court determines need protection.
Whether all parties have agreed to allow the proceeding to be open.
If the child is at least twelve years of age and a party to the proceeding, the child's wishes.
Whether an open proceeding could cause specific material harm to a criminal investigation or prosecution.

C. Subject to the requirements of subsection B of this section and section 8-807.01, a court proceeding relating to child abuse, abandonment or neglect that has resulted in a fatality or near fatality is open to the public.

D. At the beginning of a hearing that is open to the public, the court shall do the following:

Admonish all attendees that they are prohibited from disclosing any information that may identify the child and the child's siblings, parents, guardians and caregivers, and any other person whose identity will be disclosed during the proceeding.
Explain contempt of court to all attendees and the possible consequences of violating an order of the court.

E. A person who remains in the court after the admonition pursuant to subsection D of this section must abide by the court's order prohibiting disclosure of that information. The court may find a person who fails to do so in contempt of court.

F. The court may close an open proceeding at any time for good cause shown and after considering the factors prescribed in subsection B of this section.

G. If the court closes a proceeding relating to child abuse, abandonment or neglect that has resulted in a fatality or near fatality, any person may subsequently request that the court reopen a proceeding or a specific hearing to the public or request a transcript be made of any previously closed proceeding. In ruling on this request, the court shall consider the factors prescribed in subsection B of this section. The person who requested the transcript shall pay the cost of the transcript. If the court grants a request for a transcript of any closed proceeding, the court shall redact from a transcript any information that:

Protects the privacy, well-being or safety interests prescribed in subsection B of this section.
Protects the identity and safety of a person who reports child abuse or neglect and any other person if the court believes that disclosure of the DCS information would be likely to endanger the life or safety of any person.
The court has received that is confidential by law. The court shall maintain the confidentiality of the information as prescribed in the applicable law.

H. Any person may request to inspect court records of a proceeding involving the disclosure of DCS information regarding a case of child abuse, abandonment or neglect that has resulted in a fatality or near fatality. In ruling on this request, the court shall consider the factors prescribed in subsection B of this section. If the court grants the request, the court shall redact any information subject to the requirements of subsections B and G of this section and section 8-807.01.

§ 8-526 Child welfare; reporting requirements; definition

A. The department shall make available program and outcomes data on its website as provided in this section, in a format that can be downloaded and that is conducive to analysis.

B. The department shall make available the following information on a semiannual basis by September 30 for the period ending the prior June 30 and by March 31 for the period ending the prior December 31:

Success in meeting training requirements.
Caseloads for child safety workers.
The number of new reports and reports that have been closed.
The number of case-carrying caseworkers in each region.
The number of investigations by region.
The number of children being served in-home and the number of children being served out-of-home by each region.
The total number of reports received, by major category and by priority.
The number of reports not responded to, by priority, by county and statewide.
The number of reports assigned for investigation by priority and by major category, by county and statewide for the current and previous reporting periods.
The number of reports for investigations completed by priority and by major category, by county and statewide for the current and previous reporting periods and as categorized by investigations that resulted in:

(a) A substantiated report.

(b) A report currently proposed for substantiation.

The number of reports assigned for investigation that remain open for investigation by priority and by major category, by county and statewide for the current and previous reporting periods.
Of the number of children reported to the department, the percentage of children placed in out-of-home care by county and statewide.
The number of newborn infants delivered to safe haven providers pursuant to section 13-3623.01.
The number of children entering out-of-home care by county during the reporting period, and the number and percentage of the children entering out-of-home care by county during the reporting period who are voluntary placements for children under eighteen years of age.
The number and percentage of children removed during the reporting period, by county and statewide, who had been in out-of-home care:

(a) Within the previous twelve months.

(b) Within the previous twenty-four months, excluding the children included in subdivision (a) of this paragraph.

The number and percentage of children who have remained in a shelter or receiving home for more than twenty-one consecutive days, by the child's age group.
The total number of licensed foster homes, the number of licensed foster homes considered kinship homes, the number of licensed community foster homes and the number of available spaces in licensed community foster homes.
The minimum number of licensed foster homes that are required statewide, by category and by designated region, and what percentage of the minimum number of licensed foster homes is represented by the current number of licensed foster homes pursuant to section 8-509.02.
The number of licensed foster homes that receive the required visitation by licensing agency representatives pursuant to section 8-516.
The number of children placed in the care, custody and control of the department at the end of the reporting period and the number of these children who receive the required visitation by case managers pursuant to section 8-516.
The number and percentage of children who are in the care, custody and control of the department at the end of the reporting period and who are in out-of-home placement and as categorized by:

(a) Age.

(b) Ethnicity.

(d) Type of out-of-home placement, categorized by age.

(e) Length of time in out-of-home placement of less than thirty days, thirty-one days to twelve consecutive months, twelve to twenty-four consecutive months and more than twenty-four consecutive months, including the median, average and range of the number of out-of-home placements.

(f) Primary legal status including voluntary placement for a child under eighteen years of age, temporary custody, adjudicated dependent, free for adoption, voluntary placement for a child over eighteen years of age, dually adjudicated or any other legal status.

The number and percentage of children who are in the care, custody and control of the department at the end of the reporting period and who are in a congregate care placement, categorized by:

(a) Age.

(b) Ethnicity.

(d) Type of congregate care placement.

(e) Reason for congregate care placement.

(f) Length of time in congregate care placement of less than thirty days, thirty-one days to twelve consecutive months, twelve to twenty-four consecutive months and more than twenty-four consecutive months, including the median, average and range of the number of congregate care placement.

(g) Whether the child has a congregate care placement plan pursuant to section 8-509.02.

(h) Children who had two or more congregate care placements while in the care, custody and control of the department.

If the case plan is to return the child to the parent, the percentage of parents who receive the required contact by case managers.
The number and percentage of children who left the custody of the department during the reporting period by reason for leaving care and as categorized by:

(a) Age.

(b) Ethnicity.

(d) Average length of time in care.

The number of children with a petition for termination of parental rights granted and not granted during the reporting period by county and statewide.
The number and percentage of children with a case plan goal of adoption and who are not placed in an adoptive home at the end of the reporting period and as categorized by:

(a) Age.

(b) Ethnicity.

(d) Legal status.

The number and percentage of children with a case plan goal of adoption and who are placed in an adoptive home at the end of the reporting period and as categorized by:

(a) Age.

(b) Ethnicity.

(d) Length of time from change of case plan goal to adoptive placement.

(e) Legal status.

(f) Marital status and relationship of the adoptive parent or parents to the child.

The number of children whose adoptive placement was disrupted during the reporting period and as categorized by:

(a) Age.

(b) Ethnicity.

(d) Marital status and relationship of the adoptive parent or parents to the child.

The number of children whose adoptions were finalized during the reporting period and as categorized by:

(a) Average length of time in out-of-home placement before adoptive placement.

(b) Average length of time in adoptive placement before the final order of adoption.

The number of children who died while in the custody of the department by the county where the death occurred and as categorized by:

(a) The cause of death.

(b) The type of out-of-home placement at the time of death.

The number of children with an open or active child safety services case who died due to abuse, categorized by the person or persons who had care or custody of the child at the time of the child's death as follows:

(a) Biological parent or parents.

(b) Other family member.

(d) Foster care parent or parents.

(e) Other out-of-home care provider.

The number of children with an open or active child safety services case who died due to abuse allegedly caused by an adult household member who is not listed pursuant to paragraph 29 of this subsection.
The ratio of supervisors to specialists by region.
The source and use of federal monies in the department.
The source and use of state monies in the department.
Information regarding the educational placement of foster children pursuant to section 8-530.04, including:

(a) The number of best interest educational placement determinations conducted.

(b) The number of children who entered foster care and who did not receive a best interest educational placement determination.

The number of children who were approved for placement in a behavioral health facility or program and who were denied or refused placement by the behavioral health facility or program.

C. Based on the data presented in each reporting period, the department, in as brief a format as possible, shall describe three to five major challenges the department faces in achieving the goal of safe, permanent homes for abused and neglected children.

D. Within three months after the end of each reporting period the department shall submit a written report in as brief a format as possible to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the house human services committee, the chairperson of the senate family services committee, or their successor committees, and the cochairpersons of the joint legislative committee on children and family services. The department shall submit a copy of the report to the secretary of state.

E. The department shall make available the following information on an annual basis:

The percentage of substantiations upheld by the office of administrative hearings.
The demographics and number of children placed with relative caregivers.
The demographics of kinship foster caregivers.
The number of relative children per kinship foster care family.
The department's success at maintaining kinship foster care placements.
The type and cost of services provided to kinship foster care families by licensed and unlicensed caregivers.
The cost of services provided to kinship foster caregivers compared to the cost of out-of-home placements.
The number of children and families, by district, receiving services through the housing assistance program during the previous fiscal year.
The total amount of money spent on the housing assistance program by region.
A programmatic and fiscal evaluation of the effectiveness of the housing assistance program that includes the amount of foster care expenditures avoided.
The number of children in the independent living program by age, county and education status.
Beginning with the 2022 data period, the statewide number of children in substantiated reports for investigation that are received in the twelve months before the current annual reporting period and that allege neglect as defined in section 8-201, paragraph 25, subdivision (c) and the number of children in these reports who were:

(a) Removed within thirty days after the date the report is received.

(b) Removed within six months after the date the report is received.

F. The department shall make available the following information on a monthly basis:

Operations and workforce data measures that include:

(a) Staff vacancy levels by position category and turnover.

(b) New hires, separations, turnover and voluntary attrition delineated by field position, safety specialists, hotline staff, caseworkers in training, program, program supervisors, case aides, office of child welfare investigations staff and administrative staff.

(d) Reports received by maltreatment type, priority and response time.

(e) Inactive cases by disposition.

(f) Open reports.

(g) Entries and exits from the foster care population by exit type.

(h) Support service provision.

(i) Demographics, placement types and case plan goals of the foster care population.

(j) The number and type of licensed foster homes that leave the foster care system and the reason for the exit.

Financial data that compares total expenditures each month and year-to-date as compared to prior year totals, appropriation totals and projected expenditure totals, delineated by appropriation and appropriated fund source.

G. The department shall make the information required pursuant to subsection F of this section available within sixty days after the end of the applicable reporting period.

H. The department shall notify the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the director of the governor's office of strategic planning and budgeting when an update is made on information that must be made available pursuant to subsection B or F of this section.

I. For the purposes of this section, "congregate care":

Means a child welfare agency that is licensed by the department to provide twenty-four hour care for more than one child who is in the care, custody and control of the department.
Does not include a licensed foster home or kinship care placement.

§ 8-526.01 Missing children; reporting requirements; definitions

(Rpld. 1/1/27)

A. For each six-month period beginning on January 1 or July 1, the department shall make available:

For runaway children, all of the following:

(a) The number of individual children who were on runaway status on the last day of the prior reporting period.

(b) The number of new runaway episodes initiated during the current reporting period.

(d) The number of individual children on runaway status on the last day of the current reporting period.

(e) Of total care days during the reporting period, the percentage of care days associated with children on runaway status.

(f) The number of individual children on runaway status on the last day of the reporting period by categories of length of time on runaway status.

(g) The number of individual children on runaway status on the last day of the reporting period, by age.

(h) The placement location from which a child ran away, including all licensed foster homes, nonlicensed kinship placements, group homes or other placements.

(i) The number of runaway children who have returned during the reporting period.

For abducted children, all of the following:

(a) The number of individual children who were on abducted status on the last day of the prior reporting period.

(b) The number of children who were abducted during the current reporting period.

(d) The number of individual children on abducted status on the last day of the current reporting period.

(e) Of total care days during the reporting period, the percentage of care days associated with children on abducted status.

(f) The number of children who were on abducted status on the last day of the reporting period by categories of length of time on current abducted status and by age.

B. The department shall do both of the following:

Make the information prescribed in subsection A of this section available within ninety days after the end of the reporting period.
Notify the president of the senate, the speaker of the house of representatives and the governor each time the information prescribed in subsection A of this section is made available.

C. For the purposes of this section:

"Abducted child" means a child who is taken, enticed or kept from the lawful custody of the department or who another person intentionally fails or refuses to return or impedes the immediate return to the department.
"Care days" means the total number of days spent in out-of-home care for each child who was in care for at least twenty-four hours during the current reporting period.
"Individual children" means the count of children without counting the same child more than once.
"Runaway status" means the status of a child who has voluntarily and without consent left the placement location for at least twenty-four hours without the intent to return.

§ 8-527 Children in out-of-home care; noninterference with regular school activities

The agency, division and Arizona health care cost containment system administration in accordance with section 36-3435, subsection B shall make every reasonable effort to not remove a child who is placed in out-of-home care from school during regular school hours for appointments, visitations or activities not related to school.

§ 8-528 Newborn infants left with safe haven providers; placement protocol; definitions

A. The placement of newborn infants who are left with safe haven providers pursuant to section 13-3623.01 shall follow the protocols prescribed in this section.

B. If a newborn infant is left with a private child welfare agency that is licensed pursuant to this article or with a private adoption agency that is licensed pursuant to section 8-126 and the agency has the ability and desire to take custody of the infant and to place the infant for adoption, the safe haven provider shall do the following:

Immediately transport the newborn infant or arrange for the newborn infant to be transported to a hospital for a physical examination.
Immediately call the department to inform it that a newborn infant has been left with the safe haven provider, of the location of the hospital where the agency transported the infant or arranged for the infant to be transported and that the agency will take custody of the infant after the hospital completes the physical examination.
Take custody of the newborn infant from the hospital within twenty-four hours after the hospital completes the physical examination.

C. If the private child welfare agency or private adoption agency does not have the ability or desire to take custody of the newborn infant and place the infant for adoption, the agency shall do the following:

Immediately transport the newborn infant or arrange for the newborn infant to be transported to a hospital for a physical examination.
Immediately call the department to inform it that a newborn infant has been left with the safe haven provider, of the location of the hospital where the agency transported the infant or arranged for the infant to be transported and that the agency will not take custody of the infant after the hospital completes the physical examination.

D. If a newborn infant is left with a church, the safe haven provider must do the following:

Immediately transport the newborn infant or arrange for the newborn infant to be transported to a hospital for a physical examination.
If the church is affiliated with a private adoption agency, contact the private adoption agency and inform the agency that a newborn infant has been left with the safe haven provider.
Immediately call the department to inform it that a newborn infant has been left at the church, of the location of the hospital where the church transported the infant or arranged for the infant to be transported and whether a private adoption agency will take custody of the infant.

E. If the agency contacted pursuant to subsection D of this section has the ability and desire to take custody of the newborn infant and place the infant for adoption, the agency must take custody of the infant within twenty-four hours after the hospital completes the physical examination.

F. If the church is not affiliated with a private adoption agency or the private adoption agency does not have the ability or desire to take custody of the newborn infant and place the infant for adoption, the department shall contact the next private adoption agency on a rotating list of agencies maintained by the department until it contacts an agency that agrees to take custody of the infant. The adoption agency must take custody of the infant from the hospital within twenty-four hours after the hospital completes the physical examination.

G. If a newborn infant is left with a firefighter who is on duty, an emergency medical technician who is on duty or a staff member at a health care institution that is classified by the department of health services pursuant to section 36-405 as a general hospital or a rural general hospital, the safe haven provider shall do the following:

Immediately transport the newborn infant to a hospital for a physical examination.
Immediately contact the department of child safety to inform it that a newborn infant has been left at a fire station or health care institution and of the location of the hospital where the safe haven provider transported the infant.

H. Within eight hours after the department is contacted pursuant to subsection C or G of this section, the department shall contact the next private adoption agency on a rotating list maintained by the department until the department contacts an agency that agrees to take custody of the newborn infant. The adoption agency must take custody of the infant from the hospital within twenty-four hours after the hospital completes the physical examination.

I. If an agency does not take custody of the newborn infant within twenty-four hours after the hospital completes the physical examination, the hospital shall contact the department, and the department shall contact the next private adoption agency on its rotating list until an agency agrees to take custody of the infant.

J. If no agency takes custody of the newborn infant pursuant to this section within forty-eight hours after the hospital completes the physical examination, the department shall take custody of the infant.

K. Notwithstanding any other law, before a private adoption agency or the department takes custody of a newborn infant pursuant to this section, a health care provider, as defined in section 36-3201, may make health care treatment decisions for the infant. A health care provider who makes a good faith medical decision pursuant to this subsection is immune from liability.

L. The safe haven provider that takes custody of the newborn infant shall act as the responsible adult and complete the Arizona health care cost containment system application process on behalf of the infant. If the child is determined ineligible for the Arizona health care cost containment system or if the Arizona health care cost containment system administration does not reimburse the hospital for the medical examination and treatment provided to the infant, the entity or individual that ultimately takes custody of the infant must compensate the hospital for the medical examination and treatment provided to the infant.

M. An agency that takes custody of the newborn infant must comply with all state and federal laws regarding adoption and placement of children.

N. The department shall inform an agency when it has rotated to the top of the contact list and inform it that the department will notify it the next time a newborn infant is left with a safe haven provider.

O. A private adoption agency may contact the department to be placed on the rotating list maintained by the department pursuant to this section if it:

Is a nonprofit agency.
Does not specialize in international adoptions.
Has a twenty-four hour emergency contact number.

P. The protocols prescribed in this section apply only to an unharmed newborn infant who is thirty days of age or younger and who is not alleged to have been neglected or abused. If an infant who is transported to a hospital is older than thirty days or has been harmed, the hospital shall contact the department, and the department shall take custody of the infant.

Q. For the purposes of this section:

"Church" has the same meaning prescribed in section 13-3623.01, subsection H, paragraph 2, subdivision (d), item (iii).
"Custody" means legal authority to act on behalf of a child including the following:

(a) The duty and authority to make decisions that affect the child, including medical decisions.

(b) The authority to file a petition for termination of parental rights.

§ 8-529 Children in foster care and kinship foster care; rights

A. A child in foster care and kinship foster care has the following rights:

To appropriate care and treatment in the least restrictive setting available that can meet the child's needs according to the best judgment of the foster parent.
To live in a safe, healthy and comfortable placement where the child can receive reasonable protection from harm and appropriate privacy for personal needs and where the child is treated with respect.
To be placed with a relative when such placement is in the best interest of the child.
To be placed with or in close proximity to the child's siblings when possible and to visit and have contact with siblings and family members when it is in the best interest of the child.
To know why the child is in foster care and what will happen to the child and to the child's family, including siblings, and case plans.
Whenever possible, to be placed with a foster family that can accommodate the child's communication needs.
To be disciplined in a manner that is appropriate to the child's level of maturity and not be subjected to physical discipline methods.
To attend community, school, extracurricular and religious services and activities of the child's choice to the extent that it is appropriate for the child, as planned and discussed with the child's placement worker and caseworker and based on caregiver ability if transportation is available through a responsible party.
To go to school and receive an education that fits the child's age and individual needs. If remaining in the child's current school is not in the child's best interest, the child has the right to be enrolled in the least restrictive school available.
To training in personal care, hygiene and grooming.
To clothing that fits comfortably and is adequate to protect the child against natural elements such as rain, snow, wind, cold and sun.
To have personal possessions at home and to acquire additional possessions within reasonable limits, as planned and discussed with the child's foster parent, placement worker and caseworker, and based on caregiver ability.
To personal space, preferably in the child's foster home bedroom for storing clothing and belongings.
To healthy foods in healthy portions that are appropriate for the child's age.
To comply with any approved visitation plan, and to have any restrictions explained to the child in a manner and level of details deemed age appropriate by the foster parent in agreement with the caseworker and documented in the child's record.
If the child is six years of age or older, to receive contact information for the child's caseworker, attorney or advocate and to speak with them in private if necessary.
To be represented by an attorney in all proceedings initiated pursuant to this title.
To participate in age appropriate child's service planning and permanency planning meetings and to be given a copy or summary of each service plan and service plan review. The child may request someone to participate on the child's behalf or to support the child in this participation.
To attend the child's court hearing and speak to the judge.
To have the child's records and personal information kept private and discussed only when it is about the child's care except the foster parent shall have full access to the records to determine if the child will be successful in the home. During the foster placement, if the foster parent requests to view the record on experiencing problems with the child's adjustment, the full record shall be made available for viewing by the foster parent.
To receive medical, dental, vision and mental health services and to be informed about diagnoses and treatment options as is developmentally appropriate.
To be free of unnecessary or excessive medication.
To receive emotional, mental health or chemical dependency treatment separately from adults who are receiving services, as planned and discussed with the child's placement worker and caseworker, as is financially reasonable for the foster parent.
To report a violation of personal rights specified in this section without fear of punishment, interference, coercion or retaliation, except that an appropriate level of punishment may be applied if the child is proven to have maliciously or wrongfully accused the foster parent.
To be informed in writing of the name, address, telephone number and purpose of the Arizona protection and advocacy system for disability assistance.
To understand and have a copy of the rights listed in this section.

B. A child in foster care or kinship foster care who is at least fourteen years of age has the following rights:

To attend preparation for adult living classes and activities as appropriate to the child's case plan, as is financially reasonable for the foster parent.
To a transition plan that includes career planning and assistance with enrolling in an educational or vocational job training program.
To be informed of educational opportunities, including information regarding assistance and funding for postsecondary and vocational education.
To assistance in obtaining an independent residency when the child is too old to remain in foster care from the child's caseworker, attorney or advocate.
To request a court hearing for a court to determine if the child has the capacity to consent to medical care that is directly related to an illness, disease, deformity or other physical malady.
To receive help with obtaining a driver license, social security number, birth certificate or state identification card and credit reports with assistance in interpreting the reports and resolving inaccuracies in the report. The foster parent shall have discretion to determine if the child is responsible and mature enough to become a licensed driver.
To receive necessary personal information within thirty days after leaving foster care, including the child's birth certificate, immunization records and information contained in the child's education portfolio and health passport.
To participate in or reenter extended foster care when the child is at least eighteen and under twenty-one years of age pursuant to section 8-521.02.

C. The department shall provide information regarding a child's rights pursuant to this section and assistance in understanding and enforcing these rights to each child who enters foster care or kinship foster care or when there is a change in the child's foster care plan. The information shall also include the telephone number and email address of the department, the child's assigned case manager, the department's office of the ombudsman and the ombudsman-citizens aide. A copy of these rights shall be posted in a conspicuous place in all foster care and group homes.

D. If a child who is in foster care or kinship foster care believes that the child's rights under this section have been violated, the child or the child's representative may:

File a complaint with the department, the department's office of the ombudsman or the ombudsman-citizens aide pursuant to section 41-1376. A formal grievance may be initiated with the ombudsman at any time.
Notify the juvenile court in the child's ongoing dependency, severance or adoption proceeding, either orally or in writing, that the child's rights are being violated and request appropriate equitable relief. The court shall act on the notification as necessary within its discretion to promote the best interest of the child.

E. The rights provided in this section do not establish an independent cause of action.

§ 8-530 Foster parents and kinship foster care parents; rights

A. A foster parent or kinship foster care parent in this state has the following rights:

To be treated with consideration and respect for the foster parent or kinship foster care parent's personal dignity and privacy.
To be included as a valued member of the team that provides services to the foster child, including participation in meetings that involve the child's service team.
To receive support services that assist the foster parent or kinship foster care parent to care for the child in the foster home, including open and timely responses from agency personnel.
To be informed of all information regarding the child that will impact the foster home or family life during the care of the foster child.
To contribute to the permanency plan for the child in the foster home.
To have placement information kept confidential when it is necessary to protect the foster parent or kinship foster care parent and the members of the foster parent's or kinship foster care parent's household.
To be assisted in dealing with family loss and separation when a child leaves the foster home.
To be informed of all agency policies and procedures that relate to the foster parent's or kinship foster care parent's role as a foster parent or kinship foster care parent.
To receive training that will enhance the foster parent's or kinship foster care parent's skills and ability to cope as a foster parent or kinship foster care parent.
To report a violation of the rights specified in this section without fear of punishment, interference, coercion or retaliation.
To be able to receive services and reach personnel on a twenty-four hour, seven days per week basis.
To be granted a reasonable plan for respite from the role of foster parent or kinship foster care parent.
To confidentiality regarding issues that arise in the foster home.
To not be discriminated against on the basis of religion, race, color, creed, sex, national origin, age or physical disability.
To receive an evaluation on the foster parent's or kinship foster care parent's performance.
To be notified of a child returning to foster care pursuant to section 8-530.01 or when a child who is currently placed in foster care or kinship foster care becomes available for adoption.

B. The department shall provide information regarding a foster parent's or kinship foster care parent's rights pursuant to this section and assistance in understanding and enforcing these rights to each foster parent and kinship foster care parent when a child is placed in a foster parent's or kinship foster care parent's care or when there is a change in the child's foster care or kinship foster care plan. The information shall include the telephone number and email address of the department, the department's office of the ombudsman and the ombudsman-citizens aide.

C. If a foster parent or kinship foster care parent believes that the person's rights under this section have been violated, the foster parent or kinship foster care parent or the foster parent's or kinship foster care parent's representative may file a complaint with the department, the department's office of the ombudsman or the ombudsman-citizens aide pursuant to section 41-1376. A formal grievance may be initiated with the ombudsman at any time. If a foster parent or kinship foster care parent or a foster parent's or kinship foster care parent's representative files a complaint pursuant to this subsection, the person may also notify the juvenile court and all parties to the child's ongoing dependency, severance or adoption proceeding orally or in writing of the complaint.

D. The rights provided in this section do not establish an independent cause of action.

§ 8-530.01 Placement of a child returning to foster care; notification

A. If a child who has been in foster care is returned to the child's home then removed again from the child's home, the department shall notify all foster homes in which the child previously resided that the child has been removed from the child's home, unless the previous foster home has substantiated or outstanding allegations, reports or investigations known by the department.

B. The department shall place the child in a foster home in which the child has resided, unless the placement is not in the best interests of the child or none of the prior foster homes wants the placement. If the child has previously resided in more than one foster home, the department shall give preference for placement based on which placement is most recent.

§ 8-530.02 Child welfare; joint annual report

On or before February 1 each year, the Arizona early childhood development and health board and the department shall jointly report to the joint legislative budget committee on their collaborative efforts to address child welfare issues of common concern during the prior year. The report shall include information about the level of coordination among the department, the Arizona early childhood development and health board and community groups to promote the well-being of children and families that are identified in reports of abuse or neglect.

§ 8-530.03 Child placement; time limits

A. All parties, counsel and the court shall adhere to the procedural time limits established pursuant to this chapter.

B. Procedural time limits established pursuant to this chapter may not be waived, extended or continued unless it is necessary for the full, fair and proper presentation of evidence. A continuance of a procedural time limit may not be granted if the delay is not in the best interest of the child.

C. A continuance beyond thirty days shall be granted only on a finding of extraordinary circumstances. Extraordinary circumstances include acts or omissions that are unforeseen or unavoidable.

D. A party requesting a continuance of more than thirty days shall file a motion for an extension of time setting forth the reasons why extraordinary circumstances exist. The motion shall be filed within five days of the discovery of the extraordinary circumstance. The court's finding of extraordinary circumstances shall be in writing and shall set forth the factual basis for the continuance.

E. The court may not extend the procedural time limit prescribed by section 8-537 for a total period of more than sixty days unless the court makes a written finding that substantial evidence exists that the additional time is in the best interest of the child.

F. On motion of a party or the court, if it is determined that an extension of procedural time limits was due to a party's disclosure violation or lack of due diligence, the court may impose sanctions on that party.

§ 8-530.04 Educational placement; best interest of child; transportation

A. Within five days after a child enters foster care or if a child's placement changes, the child, if appropriate, the child's caseworker, the child's parent, guardian, custodian, caregiver or foster parent and representatives from the local education agency or the child's school of origin shall determine if it is in the child's best interest to remain in the child's school of origin. The decision shall be based on all factors relating to the child's best interest, including consideration of the child's unique educational needs, appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement. The department shall ensure transportation for the child during the best interest educational placement determination process. If it is determined that the school of origin is not in the best interest of the child, the new educational institution shall be included in the determination process.

B. Within two days after it is determined that a change of educational placement is in the best interest of the child, the new educational institution shall enroll the child and the child's school of origin shall transfer the child's education records to the child's new educational institution within two days after notice of the child's change in educational placement. A child shall be immediately enrolled in the new educational institution even if the child does not possess the records normally required for enrollment in the child's new educational institution or owes any outstanding fines or fees to the school of origin.

C. The department and educational agency shall jointly ensure that a child receives transportation to the educational institution determined to be in the child's best interest, including a charter school or educational institution located outside of the child's current school district. In ensuring a child receives transportation to the educational institution determined to be in the child's best interest, the department may coordinate with the department of education and local education agencies and enter into necessary information sharing, data sharing and financial agreements. A school district may cross school district boundaries when transporting a student pursuant to this section. The department or educational agency may provide financial assistance to the child's caregiver or other approved adult for transportation if the department and the child's new educational institution are unable to transport the child.

§ 8-530.05 Transportation; dispute resolution

A. The department of child safety and the department of education shall adopt a clear, written arbitration process for prompt resolution of disputes between the department of child safety, local educational agencies and the department of education regarding the arrangement for and funding of a child's transportation to a school determined to be in the best interest of the child pursuant to section 8-530.04.

B. The arbitration process shall include provisions to ensure transportation to the school of origin or current educational placement if a prior best interest determination has been made until the dispute is resolved.

C. A decision resolving a dispute pursuant to this section shall be made within ten business days after receipt of the dispute.

§ 8-530.06 Group foster homes; employees; random drug screening

A. The department shall develop and implement policies and procedures to conduct random quarterly drug screening of employees of a group foster home. The drug screening policies and procedures shall comply with title 23, chapter 2, article 14.

B. An employee of a group foster home may not have contact with any child living at the group foster home before an initial drug screening.

C. The department may conduct random drug screening of any group foster home employee if the employee is involved in an accident or incident in which a child that lives at the group foster home is injured. A group foster home shall submit the results of all random drug screening to the department within forty-eight hours after receiving the drug screening results.

§ 8-530.07 Leaving care of the department; safe and stable housing; report; definition

A. On or before December 31, 2025, the department shall develop and implement policies and procedures to ensure that every young adult who leaves the care of the department and who has not achieved permanency through reunification, adoption or guardianship has access to safe and secure housing. The policies and procedures must specify the actions the department will take to ensure safe and secure housing for a young adult who leaves the care of the department and who has not achieved permanency through reunification, adoption or guardianship.

B. On or before December 31, 2025, the department shall submit a report that outlines the adopted policies and procedures to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state.

C. For the purposes of this section, "young adult" means a person who is under twenty-one years of age and who is exiting or who has exited the custody of the department at eighteen years of age.

§ 8-530.08 Congregate care; assessment; plans; definitions

A. Within thirty days after placing a child in a congregate care setting, the department shall do the following:

Work with the child, if developmentally appropriate, the child's attorney and the child's family and service team to do both of the following:

(a) Establish a plan to place a child in an appropriate family-like setting. The plan shall be specific to the child and, if applicable, the child's siblings and the child's minor parent or parents. The plan shall include steps to identify and recruit an appropriate family-like setting for the child. In developing the plan, the department shall identify and consider the placement preferences of the child.

(b) As part of the plan established pursuant to subdivision (a) of this paragraph, develop a child-specific congregate care implementation plan to ensure that the child's needs are appropriately met while the child is placed in a congregate care setting.

Conduct an on-site visit of a group home within forty-eight hours after placing a medically complex child in a group home to ensure that all staff members who will have contact or care responsibilities for a medically complex child have proper training.
Document both of the following in the child's case plan:

(a) The plan for placement of a child in an appropriate family-like setting and the child-specific congregate care implementation plan pursuant to paragraph 1, subdivisions (a) and (b) of this subsection.

(b) The results and findings of the group home on-site survey, if applicable, pursuant to paragraph 2 of this subsection.

B. For the purpose of this section:

"Family and service team" includes any of the following:

(a) Coaches.

(b) Court appointed special advocates.

(d) Former foster caregivers.

(e) Mentors.

(f) Teachers.

(g) Any other individuals who have knowledge of the child.

"Medically complex child" means a child who the department has determined has or is at risk for a chronic physical or developmental condition and who requires health-related services beyond the health-related services that are required by a child in general.

§ 8-530.09 DCS caseworker; school visit; identification requirement

A. When a department caseworker visits a child at the child's school for the purpose of an interview, the caseworker shall present the caseworker's department of child safety identification. The caseworker may be asked to show the caseworker's valid driver license or valid nonoperating identification license on request. The school may not keep a digital or physical record of the caseworker's personal identifying information. The school may keep a digital or physical record of the caseworker's department of child safety identification.

B. If a caseworker declines or is unable to provide the forms of identification listed in subsection A of this section, the caseworker shall provide the child's school with the contact information for the department office where the caseworker is employed. The school shall contact the department office and verify the caseworker's identification and employment.

Article 5 Termination of Parent-Child Relationship

§ 8-531 Definitions

In this article, unless the context otherwise requires:

"Abandonment" means the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.
"Agency" means an agency licensed by the division to place children for adoption.
"Child" means a person less than eighteen years of age.
"Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of a court of competent jurisdiction.
"Custody" or "legal custody" means a status embodying all of the following rights and responsibilities:

(a) The right to have physical possession of the child.

(b) The right and the duty to protect, train and discipline the child.

(c) The responsibility to provide the child with adequate food, clothing, shelter, education and medical care, provided that such rights and responsibilities shall be exercised subject to the powers, rights, duties and responsibilities of the guardian of the person and subject to the residual parental rights and responsibilities if they have not been terminated by judicial decree.

"Division" means the department.
"Guardian ad litem" means a person appointed by the court to protect the interest of a minor or an incompetent in a particular case before the court.
"Guardianship of the person" with respect to a minor means the duty and authority to make important decisions in matters affecting the minor including but not necessarily limited either in number or kind to:

(a) The authority to consent to marriage, to enlistment in the armed forces of the United States and to major medical, psychiatric and surgical treatment, to represent the minor in legal actions and to make other decisions concerning the child of substantial legal significance.

(b) The authority and duty of reasonable visitation, except to the extent that such right of visitation has been limited by court order.

(c) The rights and responsibilities of legal custody, except where legal custody has been vested in another individual or in an authorized agency.

(d) When the parent-child relationship has been terminated by judicial decree with respect to the parents, or only living parent, or when there is no living parent, the authority to consent to the adoption of the child and to make any other decision concerning the child that the child's parents could make.

"Juvenile court" means the juvenile division of the superior court.
"Parent" means the natural or adoptive mother or father of a child.
"Parent-child relationship" includes all rights, privileges, duties and obligations existing between parent and child, including inheritance rights.
"Parties" includes the child, the petitioners and any parent of the child required to consent to the adoption pursuant to section 8-106.

§ 8-531.01 Prohibition

Notwithstanding any other provision of this chapter, no child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner shall, for that reason alone, be considered to be an abused, neglected or dependent child.

§ 8-532 Jurisdiction; dependency based termination

A. The juvenile court shall have exclusive original jurisdiction over petitions to terminate the parent-child relationship when the child involved is present in this state.

B. The juvenile court shall continue to have exclusive original jurisdiction when the juvenile is in the legal custody of the juvenile court although the physical placement of the child is in another state pursuant to court order.

C. This article does not apply to termination proceedings conducted pursuant to article 11 of this chapter except to the extent prescribed in section 8-863.

§ 8-533 Petition; who may file; grounds

A. Any person or agency that has a legitimate interest in the welfare of a child, including a relative, a foster parent, a physician, the department or a private licensed child welfare agency, may file a petition for the termination of the parent-child relationship alleging grounds contained in subsection B of this section.

B. Evidence sufficient to justify the termination of the parent-child relationship shall include any one of the following, and in considering any of the following grounds, the court shall also consider the best interests of the child:

That the parent has abandoned the child.
That the parent has neglected or wilfully abused a child. This abuse includes serious physical or emotional injury or situations in which the parent knew or reasonably should have known that a person was abusing or neglecting a child.
That the parent is unable to discharge parental responsibilities because of mental illness, mental deficiency or a history of chronic abuse of dangerous drugs, controlled substances or alcohol and there are reasonable grounds to believe that the condition will continue for a prolonged indeterminate period.
That the parent is deprived of civil liberties due to the conviction of a felony if the felony of which that parent was convicted is of such nature as to prove the unfitness of that parent to have future custody and control of the child, including murder of another child of the parent, manslaughter of another child of the parent or aiding or abetting or attempting, conspiring or soliciting to commit murder or manslaughter of another child of the parent, or if the sentence of that parent is of such length that the child will be deprived of a normal home for a period of years.
That the potential father failed to file a paternity action within thirty days of completion of service of notice as prescribed in section 8-106, subsection G.
That the putative father failed to file a notice of claim of paternity as prescribed in section 8-106.01.
That the parents have relinquished their rights to a child to an agency or have consented to the adoption.
That the child is being cared for in an out-of-home placement under the supervision of the juvenile court, the division or a licensed child welfare agency, that the agency responsible for the care of the child has made a diligent effort to provide appropriate reunification services and that one of the following circumstances exists:

(a) The child has been in an out-of-home placement for a cumulative total period of nine months or longer pursuant to court order or voluntary placement pursuant to section 8-806 and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out-of-home placement.

(b) The child who is under three years of age has been in an out-of-home placement for a cumulative total period of six months or longer pursuant to court order and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out-of-home placement, including refusal to participate in reunification services offered by the department.

(c) The child has been in an out-of-home placement for a cumulative total period of fifteen months or longer pursuant to court order or voluntary placement pursuant to section 8-806, the parent has been unable to remedy the circumstances that cause the child to be in an out-of-home placement and there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care and control in the near future.

That the identity of the parent is unknown and continues to be unknown following three months of diligent efforts to identify and locate the parent.
That the parent has had parental rights to another child terminated within the preceding two years for the same cause and is currently unable to discharge parental responsibilities due to the same cause.
That all of the following are true:

(a) The child was cared for in an out-of-home placement pursuant to court order.

(b) The agency responsible for the care of the child made diligent efforts to provide appropriate reunification services.

(c) The child, pursuant to court order, was returned to the legal custody of the parent from whom the child had been removed.

(d) Within eighteen months after the child was returned, pursuant to court order, the child was removed from that parent's legal custody, the child is being cared for in an out-of-home placement under the supervision of the juvenile court, the division or a licensed child welfare agency and the parent is currently unable to discharge parental responsibilities.

Clear and convincing evidence that the parent committed a sexual assault against the petitioning parent and the child was conceived as a result of the sexual assault. If the parent who is the subject of the petition pleads guilty to or is convicted of a violation of section 13-1406 or a violation of an offense in another jurisdiction that if committed in this state would be a violation of section 13-1406, the court may accept the guilty plea or conviction as evidence that the child was conceived as a result of a sexual assault by that parent. For the purposes of this paragraph:

(a) "Oral sexual contact" has the same meaning prescribed in section 13-1401.

(b) "Sexual assault" means intentionally or knowingly engaging in sexual intercourse or oral sexual contact with a person without the consent of that person.

C. Evidence considered by the court pursuant to subsection B of this section shall include any substantiated allegations of abuse or neglect committed in another jurisdiction.

D. In considering the grounds for termination prescribed in subsection B, paragraph 8 or 11 of this section, the court shall consider the availability of reunification services to the parent and the participation of the parent in these services.

E. In considering the grounds for termination prescribed in subsection B, paragraph 8 of this section, the court shall not consider the first sixty days of the initial out-of-home placement pursuant to section 8-806 in the cumulative total period.

F. The failure of an alleged parent who is not the child's legal parent to take a test requested by the department or ordered by the court to determine if the person is the child's natural parent is prima facie evidence of abandonment unless good cause is shown by the alleged parent for that failure.

§ 8-534 Contents of petition

A. The petition for the termination of the parent-child relationship filed pursuant to this article shall include, to the best information or belief of the petitioner:

The name and place of residence of the petitioner.
The name, sex, date and place of birth and residence of the child.
The basis for the court's jurisdiction.
The relationship of the petitioner to the child or the fact that no relationship exists.
The names, addresses and dates of birth of the parents, if known.
The names and addresses of the person having legal custody or guardianship of the person or acting in loco parentis to the child or the organization or authorized agency having legal custody or providing care for the child.
The grounds on which termination of the parent-child relationship is sought.
The names and addresses of the persons or authorized agency or officer thereof to whom or to which legal custody or guardianship of the person of the child might be transferred.

B. Whenever possible the court on terminating the parental rights of a birth parent in a termination of parental rights proceeding shall obtain from the birth parent a notarized statement that does both of the following:

Acknowledges that when the person who is the subject of the termination of parental rights proceeding reaches eighteen years of age, the person may obtain a copy of the person's original birth certificate as provided in section 36-340.
Grants or withholds consent for the person who is the subject of the termination of parental rights proceeding to review adoption records, if the person is subsequently adopted, when the person reaches eighteen years of age.

C. A copy of any relinquishment or consent and the notarized consent pursuant to section 8-106, subsection F, if any, previously executed by the parent shall be attached to the petition.

§ 8-535 Notice of initial hearing; waiver; guardian ad litem

A. After the petition has been filed, the clerk of the superior court shall set a time and place for the initial hearing. Notice of the initial hearing and a copy of the petition shall be given to the parents of the child, the guardian of the person of the child, the person having legal custody of the child, any individual standing in loco parentis to the child, the tribe of any Indian child as defined by the federal Indian child welfare act of 1978 (25 United States Code section 1903) and the guardian ad litem of any party as provided for service of process in civil actions. In addition to the service of process requirements in civil actions, any parent, any Indian custodian and the tribe of an Indian child shall be notified of the initial hearing by certified or registered mail, return receipt requested, as required by the federal Indian child welfare act of 1978 (25 United States Code section 1912). The notice required by this subsection shall include the following statement:

You have a right to appear as a party in this proceeding. The failure of a parent to appear at the initial hearing, the pretrial conference, the status conference or the termination adjudication hearing may result in an adjudication terminating the parent-child relationship of that parent.

B. The initial hearing shall take place not sooner than ten days after the completion of service of notice.

C. Notice and appearance may be waived by a parent before the court or in writing and attested to by two or more credible witnesses who are eighteen or more years of age subscribing their names thereto in the presence of the person executing the waiver or shall be duly acknowledged before an officer authorized to take acknowledgements by the person signing the waiver of notice and appearance. The face of the waiver shall contain language explaining the meaning and consequences of the waiver and the termination of parental rights. The parent who has executed such a waiver shall not be required to appear.

D. If a parent does not appear at the initial hearing, the court, after determining that the parent has been served with proper legal notice, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may terminate the parent-child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.

E. At the initial hearing, the court shall:

Schedule a pretrial conference or status conference.
Schedule the termination adjudication hearing.
Instruct the parent that the failure to appear at the pretrial conference, status conference or termination adjudication hearing may result in an adjudication terminating the parent-child relationship as to a parent who does not appear.

F. On the motion of any party or on its own motion, the court shall appoint a guardian ad litem if it determines that there are reasonable grounds to believe that a party to the proceeding is mentally incompetent or is otherwise in need of a guardian ad litem.

G. The county attorney, on the request of the court or a governmental agency or on the county attorney's own motion, may intervene in any proceedings under this article to represent the interest of the child.

H. A potential father who fails to file a paternity action within thirty days after completion of service of the notice prescribed in section 8-106, subsection G waives his right to be notified regarding the termination of parental rights and his consent to the termination of parental rights is not required.

§ 8-536 Social study before disposition; contents

A. On the filing of a petition, the court shall order that the department, an agency or another person selected by the court conduct or cause to be conducted a complete social study and that a report in writing of such study be submitted to the court before a hearing. The court may order any additional social study it deems necessary. The social study shall include the circumstances of the petition, the social history, the present condition of the child and parent, proposed plans for the child and other facts pertinent to the parent-child relationship. The report submitted shall include a specific recommendation and the reasons as to whether or not the parent-child relationship should be terminated.

B. If the proposed plans for the child do not include placing the child with a grandparent or another member of the child's extended family including a person who has a significant relationship with the child, the report shall include sufficient information for the court to determine whether such placement is in the child's best interests.

C. The court may waive the requirement of the social study if the court finds that to do so is in the best interest of the child.

§ 8-537 Termination adjudication hearing

A. If a petition for terminating the parent-child relationship is contested, the court shall hold a termination adjudication hearing within ninety days after the initial severance hearing. The general public shall be excluded and only such persons admitted whose presence the judge finds to have a direct interest in the case or the work of the court, provided that such person so admitted shall not disclose any information secured at the hearing. The court may require the presence of any parties and witnesses it deems necessary to the disposition of the petition, except that a parent who has executed a waiver pursuant to section 8-535 or who has relinquished the parent's rights to the child shall not be required to appear at the hearing.

B. The court's findings with respect to grounds for termination shall be based on clear and convincing evidence under the rules applicable and adhering to the trial of civil causes. The court may consider any and all reports required by this article or ordered by the court pursuant to this article and such reports are admissible in evidence without objection.

C. If a parent does not appear at the pretrial conference, status conference or termination adjudication hearing, the court, after determining that the parent has been instructed as provided in section 8-535, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may terminate the parent-child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.

§ 8-538 Court order; form; contents

A. Every order of the court terminating the parent-child relationship or transferring legal custody or guardianship of the person of the child or providing for protective supervision of the child shall be in writing and shall recite the findings on which the order is based, including findings pertaining to placement of the child and the court's jurisdiction. The order is conclusive and binding on all persons from the date of entry.

B. If the court finds grounds for the termination of the parent-child relationship it shall terminate the relationship and take one of the following courses of action:

Appoint an individual as guardian of the child.
Appoint an individual as the child's guardian and vest legal custody in another individual or in an authorized agency.

C. If the court finds that placement with a grandparent or another member of the child's extended family including a person who has a significant relationship with the child is not in the child's best interests, the court shall make specific written findings in support of its decision.

D. The court shall also make an order fixing responsibility for the child's support. The parent-child relationship may be terminated with respect to one parent without affecting the relationship between the child and the other parent.

E. If the court does not order termination of the parent-child relationship, it shall dismiss the petition, provided that if the court finds that the best interests of the child require substitution or supplementation of parental care and supervision, the court shall make such orders as it deems necessary.

§ 8-539 Effect of court order

An order terminating the parent-child relationship shall divest the parent and the child of all legal rights, privileges, duties and obligations with respect to each other except the right of the child to inherit and support from the parent. This right of inheritance and support shall only be terminated by a final order of adoption.

§ 8-540 Court costs

A. There shall be no fees assessed for the filing of a petition to terminate the parent-child relationship.

B. All court costs, including the cost of giving notice and advertising shall be paid by the petitioners if the court so orders. The court may suspend such costs where payment would work a hardship upon the petitioner, or would be otherwise inappropriate.

§ 8-541 Records; disclosure; exception

A. All files, records, reports and other papers compiled in accord with this article, whether filed in or in possession of the court, a child placement agency or other agency or association, are subject to disclosure pursuant to sections 8-807 and 8-807.01.

B. This section does not prohibit persons employed by the court, the division or a licensed child welfare agency from conducting the investigations or performing other duties pursuant to this article and done within the normal course of their employment.

§ 8-542 Confidentiality of information; violation; classification

A. It is unlawful, except for purposes for which files and records or social records or parts of or information from files and records or social records have been released pursuant to section 8-541, or except for purposes permitted by order of the court, for any person to knowingly disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of, any information involved in any proceeding under this article directly or indirectly derived from the files, records, reports or other papers compiled pursuant to this article or acquired in the course of the performance of official duties.

B. A person who knowingly discloses information in violation of this section is guilty of a class 2 misdemeanor.

C. This section does not prohibit persons employed by the court, the division or a licensed child welfare agency from conducting the investigations or performing other duties pursuant to this article and done within the normal course of their employment.

§ 8-543 Sibling information exchange program; definition

A. The administrative office of the courts shall establish a sibling information exchange program to facilitate contact between a former dependent child and the child's sibling or siblings.

B. The following persons may participate in the program:

An adult who is a former dependent child.
A juvenile who is a former dependent child, through any of the following:

(a) The juvenile's adoptive parent.

(b) The juvenile's guardian.

(c) The juvenile's biological parent if that person has legal custody of the child and is not a party to a pending dependency proceeding.

The adult sibling of a former dependent child.

C. A person participating in the program shall use a confidential intermediary who is certified pursuant to section 8-134. The confidential intermediary may access court, division and agency records. The confidential intermediary must keep confidential all information the intermediary obtains during the course of the investigation and may use this information only to arrange a contact or to share information between the person who initiates the search and the person who is the subject of the search. The confidential intermediary shall not contact any person who is under eighteen years of age.

D. If a former dependent child does not wish to be contacted by the child's sibling or siblings the former dependent child may file an affidavit so stating with the court. If an affidavit is part of the court record, the confidential intermediary shall not make contact with the former dependent child unless the former dependent child withdraws the affidavit and grants permission in writing or the former dependent child has filed an affidavit stating that the former dependent child knows about the sibling or siblings and wishes to make contact with the sibling or siblings.

E. The supreme court shall adopt rules necessary to implement the sibling information exchange program.

F. For the purposes of this section, "sibling" includes a person who shares a common biological parent, stepparent or adoptive parent.

§ 8-544 Termination decrees of other states

When the relationship of parent and child has been terminated by judicial decree in another state, such decree shall have the same force and effect as to matters within the jurisdiction of this state as though it had been granted by a court of this state.

Article 5.1 Restoration of Parent-Child Relationship

§ 8-547 Restoration of parent-child relationship; definitions

A. If a child's parent-child relationship has been terminated pursuant to article 5 of this chapter, the department, the child, an Indian child's tribe, the child's attorney or guardian ad litem or the child's parent may petition to have the child's parent-child relationship restored if all of the following apply:

The child is in the care or custody of the department.
The child has not achieved permanency, is unlikely to achieve permanency and is not in a preadoptive placement.
At least two years have passed since the parent-child relationship was terminated, unless there is a demonstration of good cause for an earlier filing. The good cause basis for an earlier filing shall be included in the petition.
The dependency adjudication finding did not include or the parent-child relationship was not terminated because the parent committed or was found to have failed to protect a child from an act involving any of the following:

(a) Serious physical injury as defined in section 8-201.

(b) Sexual abuse or sexual conduct with a minor.

(d) A dangerous crime against children as defined in section 13-705.

B. The petition for restoration of the parent-child relationship shall include all of the following:

A statement explaining why the child is unlikely to obtain a permanent placement unless the child's parent-child relationship is restored.
The child's position on the restoration of the parent-child relationship.
The consent of the child's parent or parents to the restoration of the parent-child relationship.
A statement explaining how the child's parent or parents have demonstrated the remediation necessary for restoration of the parent-child relationship, including the ability and willingness to properly care for the child.

C. In addition to the requirements prescribed in subsection B of this section, if the department is the petitioner, the department shall include all of the following in the petition:

A report of an assessment conducted by the department as to whether restoration of the parent-child relationship is in the best interests of the child.
Documentation of the department's diligent efforts to locate a permanent placement for the child.

D. On the filing of a petition for restoration of the parent-child relationship, if the department is not the petitioner, the court shall order the department to conduct an assessment and submit a report to the court that includes both of the following:

Whether restoration of the parent-child relationship is in the best interests of the child.
A description of the diligent efforts the department made to locate a permanent placement for the child.

E. The department shall establish policies and procedures for assessments ordered pursuant to subsection D of this section that assess the home and the parent's or parents' ability to ensure the physical, social, mental and emotional health and safety of the child.

F. On completion of the department's assessment pursuant to subsection D of this section, if the court finds by clear and convincing evidence that the restoration of the parent-child relationship is in the best interests of the child, including that the return of the child would not create a substantial risk of harm to the child's physical, social, mental or emotional health or safety, the court shall order the department to conduct a trial in-home placement of the child with the child's parent or parents. The department shall provide an evaluation of the trial in-home placement to the court within three to six months after the start of the trial in-home placement. After receiving the department's evaluation of the trial in-home placement, the court may grant the petition for restoration of the parent-child relationship or the court may order the department to continue the trial in-home placement. If the court orders the department to continue the trial in-home placement, the court may not grant the petition for restoration of the parent-child relationship until the department has provided the court with an updated evaluation of the trial in-home placement. A trial in-home placement may not exceed one year.

G. The department shall establish trial in-home placement policies and procedures that include all of the following:

Adequate supervision of the child and the child's parent or parents in the home.
Frequent communication with the child and the child's parent or parents.
An individualized transition plan.

H. The department shall immediately terminate the trial in-home placement ordered pursuant to subsection F of this section if there is a substantiated report of abuse or neglect of the child by the parent or parents or if the department determines that the child's health, safety or well-being is threatened. If the department terminates the trial in-home placement, the department shall immediately notify the court and the child's attorney, the child's guardian ad litem or an Indian child's tribe.

I. After the trial in-home placement ordered pursuant to subsection F of this section, if the court finds by clear and convincing evidence both that the child's parent or parents have demonstrated the remediation necessary for the restoration of the parent-child relationship, including the ability and willingness to properly care for the child and that the restoration of the parent-child relationship is in the best interests of the child, the court shall grant the petition. When making the best interests determination, the court shall consider the child's position on the restoration of the parent-child relationship and any other relevant factors.

J. If a child has been adopted but the adoption has been disrupted and the child is returned to the legal care of the department, the period of time that the child was adopted before the adoption disruption may be included as part of the two-year time frame required by subsection A of this section.

K. For the purposes of this section:

"Achieved permanency" means a child has not been adopted or is not the subject of guardianship under sections 8-871 or 14-5201.
"Department" means the department of child safety.
"Parent" means the natural father or mother of a child whose rights have been terminated pursuant to article 5 of this chapter.
"Parent-child relationship" has the same meaning prescribed in section 8-531.

Article 6 Interstate Compact on the Placement of Children

§ 8-548 Enactment of compact; terms

The interstate compact on the placement of children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

ARTICLE I. PURPOSE AND POLICY

It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.

(d) Appropriate jurisdictional arrangements for the care of children will be promoted.

ARTICLE II. DEFINITIONS

As used in this compact:

(a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.

(b) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings or causes to be sent or brought any child to another party state.

(c) "Receiving state" means the state to which a child is sent, brought or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.

(d) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility.

ARTICLE III. CONDITIONS FOR PLACEMENT

(a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.

(b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:

(1) The name, date and place of birth of the child.

(2) The identity and address or addresses of the parents or legal guardian.

(3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child.

(4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.

ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT

The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.

ARTICLE V. RETENTION OF JURISDICTION

(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.

ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact, but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that:

Equivalent facilities for the child are not available in the sending agency's jurisdiction; and
Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

ARTICLE VII. COMPACT ADMINISTRATOR

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

ARTICLE VIII. LIMITATIONS

This compact shall not apply to:

(a) The sending or bringing of a child into a receiving state by his parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or non-agency guardian in the receiving state.

(b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.

ARTICLE IX. ENACTMENT AND WITHDRAWAL

This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.

ARTICLE X. CONSTRUCTION AND SEVERABILITY

The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

§ 8-548.01 Financial responsibility

Financial responsibility for any child placed pursuant to the provisions of the interstate compact on the placement of children shall be determined in accordance with the provisions of article V.

§ 8-548.02 Interstate compact administrator

Pursuant to the compact the governor shall designate the director of the department as the compact administrator. The compact administrator, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator shall cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder.

§ 8-548.03 Supplementary agreements

The compact administrator shall have authority to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement requires or contemplates the use of any institution or facility of this state or requires or contemplates the provision of any service by this state, the supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service.

§ 8-548.04 Financial arrangements

The compact administrator, subject to the approval of the director of the department of administration, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.

§ 8-548.05 Visitation, inspection and supervision

Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under sections 8-501, 8-503 through 8-520 and 8-813 shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state as contemplated by paragraph (b) of article V of the interstate compact on the placement of children.

§ 8-548.06 Responsibilities of state departments, agencies and officers

Article 7 Funding of Child Abuse Prevention and Treatment Programs

§ 8-550.01 Child abuse prevention fund; purpose; definition

A. Beginning on January 1, 1998, the child abuse prevention fund is established consisting of monies received pursuant to section 12-284.03, subsection A, paragraph 3, section 36-3504, subsection C, sections 41-178 and 43-613. The director shall administer the fund for the purposes prescribed in this article.

B. Subject to legislative appropriation, the director shall expend monies in the fund to provide financial assistance to community child abuse and neglect prevention programs and family resource programs that, in the judgment of the director, offer prevention services and family resource programs to children and their parents or guardians and that comply with departmental accounting and auditing rules for the receipt of public monies.

C. Subject to legislative appropriation, the director may expend not more than five per cent of the monies in the fund for administrative expenses related to the fund.

D. The appropriated funds shall only be used for the designated purposes specified in statute.

E. Monies in the fund do not revert to the state general fund.

F. For the purposes of this section, "family resource program" means a program that offers community-based services that provide sustained assistance and support to a family at various stages in its development and that promotes parental competence and behavior that will lead to the healthy and positive personal development of parents and children through:

Assistance to build family skills and assist parents in improving their capacity to be supportive and nurturing.
Assistance to enable a family to use other formal and informal resources and opportunities for assistance that are available within the family's community.
Supportive networks to enhance the child rearing capacity of parents and to assist in compensating for the increased social isolation and vulnerability of a family.

Article 8 Dependent Children

§ 8-801 Definitions

In this article and articles 9, 10, 11, 12, 13 and 14 of this chapter, unless the context otherwise requires:

"Child safety services" means a specialized child welfare program that is administered by the department as provided in this chapter and that investigates allegations of and seeks to prevent, intervene in and treat abuse and neglect, to promote the well-being of the child in a permanent home and to coordinate services to strengthen the family.
"Child safety worker" or "worker" means a person who has been selected by and trained under the requirements prescribed by the department and who assists in carrying out the provisions of this article.
"DCS information":

(a) Includes all information the department gathers during the course of an investigation conducted under this chapter from the time a file is opened and until it is closed.

(b) Does not include information that is contained in child welfare agency licensing records.

"In-home intervention" means a program of services provided pursuant to article 14 of this chapter while the child is still in the custody of the parent, guardian or custodian.
"Relative" has the same meaning prescribed in section 8-501.

§ 8-802 Child safety worker; fingerprint clearance cards; interview requirements; temporary custody limit; cooperation and coordination; alteration of files; violation; classification

A. The department shall employ child safety workers. All persons who are employed as child safety workers shall have a valid fingerprint clearance card that is issued pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card within seven working days after employment. A child safety worker shall certify on forms that are provided by the department and that are notarized whether the worker is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

B. A worker shall not interview a child without the prior written consent of the parent, guardian or custodian of the child unless either:

The child initiates contact with the worker.
The child who is interviewed is the subject of or is the sibling of or living with the child who is the subject of an abuse or abandonment investigation pursuant to section 8-456.
The interview is conducted pursuant to the terms of the protocols established pursuant to section 8-817.

C. A child shall not remain in temporary custody for a period exceeding seventy-two hours, excluding Saturdays, Sundays and holidays, unless a dependency petition is filed.

D. All child safety workers shall be trained and demonstrate competency in:

The duty to protect the legal rights of children and families from the time of the initial contact through treatment. The training shall include knowledge of a child's rights as a victim of crime.
The legal rights of parents.
Impact and intervention practices related to adverse childhood experiences, culturally and linguistically appropriate service delivery, domestic violence, family engagement, communication with special populations and trauma informed responses.

E. All child safety workers shall cooperate and coordinate with the office of child welfare investigations to carry out the purposes of section 8-471.

F. All child safety workers and child welfare investigations workers shall cooperate and coordinate with the inspections bureau to carry out the purposes of section 8-458.

G. All child welfare investigations workers and inspections bureau workers shall cooperate and coordinate with the rest of the department to achieve the purposes of this title.

H. A person who alters a client file for the purpose of fraud or misrepresentation is guilty of a class 2 misdemeanor.

§ 8-803 Limitation of authority; duty to inform

A. On initial contact with a parent, guardian or custodian or an employee of a child welfare agency where a child is placed that is licensed by and contracted with the department who is under investigation pursuant to this article, a child safety worker shall:

Inform the family or employee, both verbally and in writing, making reasonable efforts to receive written acknowledgement from the parent, guardian or custodian, of receipt of all of the following information:

(a) That the family or employee is under investigation by the department.

(b) The specific complaint or allegation made against that person.

(c) That the worker has no legal authority to compel the family or employee to cooperate with the investigation or to receive child safety services offered pursuant to the investigation.

(d) That absent a court order, the family may deny the worker entry into the family's home.

(e) That the family or employee has the right to seek the advice of an attorney and to have an attorney present when questioned by a worker.

(f) That anything the person says or writes may be used in a court proceeding.

(g) That the family or employee may refuse to do any of the following:

(i) Sign a release of information document.

(ii) Consent to take a drug or alcohol test.

(iii) Submit to a mental health evaluation.

(h) The worker's authority to petition the juvenile court for a determination that a child is dependent.

(i) The person's right to file a complaint with the ombudsman-citizens aide pursuant to section 41-1376. The worker shall provide the telephone number and email address of the ombudsman-citizens aide.

(j) The person's right to appeal determinations made by the department.

(k) Information outlining parental rights under the laws of the state, if applicable.

Provide information to the family about the investigation and child safety decision-making process, document that this information has been provided and make reasonable efforts to receive written acknowledgement of receipt of this information. If the worker's reasonable efforts to obtain written acknowledgement of receipt of the information are unsuccessful, the worker shall document the reason why efforts to obtain written acknowledgement were unsuccessful.

B. The child safety worker shall also inform the person about whom the report was made about that person's right to respond to the allegations either verbally or in writing, including any documentation, and to have this information considered in determining if the child is in need of child safety services. The worker shall tell the person that anything the person says or writes can be used in a court proceeding. If the person makes a verbal response, the worker shall include the response in the written report of the investigation. If the person makes a written response, including any documentation, the worker shall include this response and the documentation in the case file. Information provided in response to the allegations shall be considered during the investigation by the worker. The worker shall maintain the response and documentation in the case file and provide this information to the court before a hearing or trial relating to the dependency petition.

C. If the family declines to cooperate with the investigation or to accept or to participate in the offered services, or if the worker otherwise believes that the child should be adjudicated dependent, the worker may file with the juvenile court a petition requesting that the child in need of child safety services be adjudicated dependent.

D. Refusal to cooperate in the investigation or to participate in the offered services does not constitute grounds for temporary custody of a child except if there is a clear necessity for temporary custody as provided in section 8-821.

§ 8-804 Central registry; notification; definition

A. The department shall maintain a central registry of child abuse and neglect.

B. The department shall conduct central registry background checks and shall use the information contained in the central registry only for the following purposes:

As a factor to determine qualifications for any of the following:

(a) Foster home licensing.

(b) Adoptive parent certification.

(d) Child care home certification.

(e) Registration of unregulated child care homes with the child care resource and referral system.

(f) Home and community based services certification for services to children or vulnerable adults.

(g) An adult who works in a group home, residential treatment center, shelter or other congregate care setting.

As a factor to determine qualifications for persons who are employed or who are applying for employment with this state in positions that provide direct service to children or vulnerable adults.
As a factor to determine qualifications for individuals who are employed or who are applying for employment with a child welfare agency in positions that provide direct service to children or vulnerable adults.
As a factor to determine qualifications for positions that provide direct service to children or vulnerable adults for:

(a) Any person who applies for a contract with this state and that person's employees.

(b) All employees of a contractor.

(d) Prospective employees of the contractor or subcontractor at the request of the prospective employer.

To provide information to licensees that do not contract with this state regarding persons who are employed or seeking employment to provide direct services to children pursuant to title 36, chapter 7.1.
To identify and review reports concerning individual children and families, in order to facilitate the assessment of safety and risk.
To determine the nature and scope of child abuse and neglect in this state and to provide statewide statistical and demographic information concerning trends in child abuse and neglect.
To allow comparisons of this state's statistical data with national data.
To comply with section 8-804.01, subsection B.
To provide information to licensees described in subsection D of this section regarding persons who are employed or seeking employment to provide direct services to children in a licensed behavioral health residential facility.
To provide information to licensees regarding persons who are employed or seeking employment in an intermediate care facility for individuals with intellectual disabilities.

C. Licensees that do not contract with the state and that employ persons who provide direct services to children pursuant to title 36, chapter 7.1 must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of health services shall verify whether licensees, pursuant to title 36, chapter 7.1, have complied with the requirements of this subsection and any rules adopted by the department of health services to implement this subsection.

D. Licensees that do not contract with this state, that contract with the federal government, that receive only federal monies and that employ persons who provide direct services to children in a licensed behavioral health residential facility pursuant to title 36, chapter 4 must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of child safety may charge a fee to licensees to conduct central registry background checks pursuant to this subsection. The department of health services shall verify whether the licensees, pursuant to title 36, chapter 4, have complied with the requirements of this subsection.

E. Licensees that employ persons to provide direct care in an intermediate care facility for individuals with intellectual disabilities must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of health services shall verify whether the licensees, pursuant to title 36, chapter 4, comply with the requirement of this subsection.

F. The department shall maintain entries in the central registry in accordance with the rules adopted pursuant to section 8-804.02 for not more than twenty-five years after the date of a court finding of abuse or neglect.

G. At least monthly the department shall purge central registry entries pursuant to the time frames established by rules adopted pursuant to section 8-804.02.

H. Any person who was the subject of a department investigation may request confirmation that the department has purged information about the person pursuant to subsection G of this section. On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person.

I. The department shall notify a person, contractor or licensee identified in subsection B, paragraph 4, subdivisions (a), (b) and (c) and subsection B, paragraphs 5, 10 and 11 of this section who is disqualified because of a central registry check conducted pursuant to subsection B of this section that the person may apply to the board of fingerprinting for a central registry exception pursuant to section 41-619.57.

J. Before being employed in a position that provides direct services to children or vulnerable adults pursuant to subsection B, paragraphs 4, 5, 10 and 11 or subsections C, D and E of this section, employees shall certify, under penalty of perjury, on forms that are provided by the department whether an allegation of abuse or neglect was made against them and was placed on the central registry. The forms are confidential. If this certification does not indicate a current investigation or a substantiated report of abuse or neglect, the employee may provide direct services pending the findings of the central registry check.

K. A person who is granted a central registry exception pursuant to section 41-619.57 is not entitled to a contract, employment, licensure, certification or other benefit because the person has been granted a central registry exception.

L. An agency of this state that conducts central registry background checks as a factor to determine qualifications for positions that provide direct services to children or vulnerable adults shall publish a list of disqualifying acts of abuse or neglect.

M. An agency of this state that conducts central registry background checks may provide information contained in the central registry on all reports of child abuse and neglect that are substantiated and the outcomes of the investigations of the reports to carry out this section. Identifying information regarding any person other than the perpetrator may not be released. Information received pursuant to this section may not be further disseminated unless authorized by law or court order.

N. The department may enter into an agreement with another state agency to allow that agency to conduct the central registry background checks required by this section.

O. The department shall provide all information in the central registry to the board of fingerprinting pursuant to section 8-804.03.

P. For the purposes of this section, "intermediate care facility for individuals with intellectual disabilities" has the same meaning prescribed in section 36-551.

§ 8-804.01 Maintenance of reports; records

A. All reports of child abuse and neglect and related records shall be maintained in the department's case management information system in accordance with the time frames established in the department's records retention schedule.

B. In addition to the purposes prescribed in section 8-807, reports and related records maintained pursuant to subsection A of this section shall be used by the department only for the following purposes:

To assess the safety and risk to a child when conducting an investigation or identification of abuse or neglect.
To determine placement for a child, including determining what is the least restrictive setting.
To license foster homes, to certify adoptive homes or to use in the department's employment decisions.
To determine the type and level of services and treatment provided to the child and the child's family.
To assist in a criminal investigation or prosecution of child abuse or neglect.
To meet state and federal reporting requirements.

C. Notwithstanding section 8-807 and except as otherwise provided by law, reports and related records maintained pursuant to subsection A of this section shall not be used for purposes of employment or background checks, except for background checks conducted pursuant to section 8-804, subsection B. Only information contained in the central registry may be used to conduct background checks pursuant to section 8-804, subsection B.

D. If the finding of child abuse or neglect is supported by a preponderance of the evidence, the department shall record this finding. The department may make this finding independent of whether a specific person is identified as responsible for the abuse or neglect.

E. If the department is unable to locate a child who is the subject of a report of abuse or neglect, the department shall record this finding separate from its other findings.

F. Subject to the requirements of sections 8-804 and 8-811, whenever possible, the department shall determine if a specific person is responsible for the abuse or neglect of a child.

§ 8-804.02 Tiered system for placement on central registry; rules

A. The department shall adopt rules by September 15, 2025 to establish a tiered system for the placement and maintenance of persons found to have committed an act of child abuse or neglect on the central registry of child abuse and neglect. In adopting rules, the department shall:

Consider the nexus between the act of abuse or neglect and the potential risk a person found to have committed an act of abuse or neglect may pose if the person were in a position or setting outside of the person's home that involves the care of or substantial contact with children.
Determine which acts of abuse or neglect require the placement of a person on the central registry.
Designate tiers based on the type of abuse or neglect and the nexus of that abuse or neglect to potential risk and specify the length of time that entries in each tier must be maintained. The length of time for each tier may not exceed twenty-five years.
Include standards and procedures for a person who is listed on the central registry to request early removal from the central registry.

B. On or before May 15, 2026, the department shall conform all entries in the central registry, regardless of the date of entry, to the rules adopted pursuant to subsection A of this section.

§ 8-804.03 DCS information; central registry information; board of fingerprinting

Notwithstanding any other law, the department shall provide all DCS information and all information in the central registry established pursuant to section 8-804 that is required by the board of fingerprinting to the board of fingerprinting for the purpose of determining central registry exceptions pursuant to section 41-619.57.

§ 8-805 Immunity of participants; nonprivileged communications

A. Any person making a complaint, or providing information or otherwise participating in the program authorized by this article shall be immune from any civil or criminal liability by reason of such action, unless such person acted with malice or unless such person has been charged with or is suspected of abusing, abandoning or neglecting the child or children in question.

B. Except as provided in subsection C of this section, the physician-patient privilege, husband-wife privilege, or any privilege except the attorney-client privilege, provided for by professions such as the practice of social work or nursing covered by law or a code of ethics regarding practitioner-client confidences, both as they relate to the competency of the witness and to the exclusion of confidential communications, shall not pertain in any civil or criminal litigation in which a child's neglect, dependency, abuse or abandonment is in issue nor in any judicial proceeding resulting from a report submitted pursuant to this article.

C. In any civil or criminal litigation in which a child's neglect, dependency, abuse or abandonment is an issue, a clergyman or priest shall not, without his consent be examined as a witness concerning any confession made to him in his role as a clergyman or a priest in the course of the discipline enjoined by the church to which he belongs.

§ 8-806 Voluntary placement; conditions; notice of placement; time limit; rules

A. A child is eligible to be accepted into voluntary placement by a child safety worker on behalf of the department.

B. On acceptance of a child into voluntary placement, the worker must prepare a notice of placement and file the notice in the case file of the child.

C. A period of voluntary placement pursuant to this section shall not exceed ninety days. A worker shall not accept a child into voluntary placement for more than two periods within twenty-four consecutive months unless a dependency petition is pending.

D. The department may accept a voluntary placement agreement only if the department can provide necessary services that are likely to remedy the circumstances that bring the child into care within the ninety day period and one of the following applies:

The department plans to return the child to the parent, guardian or custodian who signed the child into voluntary placement.
While the child is in voluntary placement, the parent, guardian or custodian arranges a safe alternative placement for the child after the voluntary placement.

E. A worker shall not accept a child into voluntary placement without the written informed consent of the child's parent, guardian or custodian. The department shall terminate voluntary placement on receipt of written revocation of consent by the parent, guardian or custodian.

F. A worker shall not accept a child, age twelve or older and not with a developmental disability, into voluntary placement without the written informed consent of the child unless the department determines that voluntary placement of the child is clearly necessary to prevent abuse.

G. The fact of voluntary placement does not constitute abandonment, abuse or dependency as defined in this article and may not be used in a judicial proceeding as an admission of criminal wrongdoing by that parent, guardian or custodian.

H. The department shall adopt rules in accordance with title 41, chapter 6 for the purpose of assessing parents for the full or partial cost of voluntary placement.

I. The department must develop a case plan with the child's parent, guardian or custodian within ten days of a child's voluntary placement as follows:

The case plan shall establish the services necessary to promote the safety of the child on the planned return of the child to the parent, guardian, custodian or alternative placement.
The department shall provide, contract with a service provider to provide or assist in accessing community resources to provide the services in the case plan.
The department must share the case plan with the foster parent, physical custodian or other voluntary placement provider of the child.

J. Before returning the child to a parent, guardian, custodian or alternative placement, the department shall inform the parent, guardian, custodian or alternative placement about available financial and nonfinancial services and eligibility requirements and shall assist the parent, guardian, custodian or alternative placement to complete the necessary applications.

§ 8-807 DCS information; public record; use; confidentiality; violation; classification

A. DCS information shall be maintained by the department as required by federal law as a condition of the allocation of federal monies to this state. All exceptions for the public release of DCS information shall be construed as openly as possible under federal law.

B. The department, or a person who receives DCS information pursuant to this subsection, shall provide DCS information to a federal agency, a state agency, a tribal agency, a county or municipal agency, a law enforcement agency, a prosecutor, an attorney or a guardian ad litem representing a child victim of crime pursuant to article II, section 2.1, Constitution of Arizona, a school, a community service provider, a contract service provider or any other person that is providing services pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter:

To meet its duties to provide for the safety and permanency of a child, provide services to a parent, guardian or custodian or provide services to family members to strengthen the family pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter.
To enforce or prosecute any violation involving child abuse or neglect or to assert the rights of the child as a victim of a crime.
To provide information to a defendant after a criminal charge has been filed as required by an order of the criminal court.
To help investigate and prosecute any violation involving domestic violence as defined in section 13-3601 or violent sexual assault as prescribed in section 13-1423.

C. The department shall disclose DCS information to a court, a party in a dependency or termination of parental rights proceeding or the party's attorney, the foster care review board or a court appointed special advocate for the purposes of and as prescribed in this title.

D. The department shall disclose DCS information to a domestic relations, family or conciliation court if the DCS information is necessary to promote the safety and well-being of children. The court shall notify the parties that it has received the DCS information.

E. A person or agent of a person who is the subject of DCS information shall have access to DCS information concerning that person.

F. The department may provide:

DCS information to confirm, clarify, correct or supplement information concerning an allegation or actual instance of child abuse or neglect that has been made public by a source or sources outside the department.
DCS information to a person who is conducting bona fide research, the results of which might provide DCS information that is beneficial in improving the department.
Access to DCS information to the parent, guardian or custodian of a child if the DCS information is reasonably necessary to promote the safety, permanency and well-being of the child.
DCS information if an employee of the department has a reasonable belief that exigent circumstances exist. For the purposes of this paragraph, "exigent circumstances" means a condition or situation in which the death of or serious injury to a child will likely result in the near future without immediate intervention.

G. The department shall disclose DCS information to a county medical examiner or an alternate medical examiner directing an investigation into the circumstances surrounding a death pursuant to section 11-593.

H. Access to DCS information in the central registry shall be provided as prescribed in sections 8-804 and 8-804.03.

I. To provide oversight of the department, the department shall provide access to DCS information to the following persons, if the DCS information is reasonably necessary for the person to perform the person's official duties:

Federal or state auditors.
Persons conducting any accreditation deemed necessary by the department.
A standing committee of the legislature or a committee appointed by the president of the senate or the speaker of the house of representatives for purposes of conducting investigations related to the legislative oversight of the department. This information shall not be further disclosed unless a court has ordered the disclosure of this information, the information has been disclosed in a public or court record, or the information has been disclosed in the course of a public meeting or court proceeding.
A legislator who requests DCS information in the regular course of the legislator's duties. A legislator may discuss this information with another legislator. This information shall not be further disclosed unless a court has ordered the disclosure of this information, the information has been disclosed in a public or court record, or the information has been disclosed in the course of a public meeting or court proceeding. To request a file pursuant to this paragraph:

(a) The legislator shall submit a written request for DCS information to the presiding officer of the body of which the state legislator is a member. The request shall state the name of the person whose case file is to be reviewed and any other information that will assist the department in locating the file. The presiding officer may authorize a legislative staff member to attend with the legislator any meeting to review the file.

(b) The presiding officer shall forward the request to the department within five working days of the receipt of the request.

(c) The department shall make the necessary arrangements for the legislator to review the file at an office of the department, chosen by the legislator, within ten working days.

A citizen review panel as prescribed by federal law, a child fatality review team as provided in title 36, chapter 35 and the office of ombudsman-citizens aide.
An independent oversight committee established pursuant to section 41-3801.
The governor who shall not disclose any information unless a court has ordered the disclosure of the information, the information has been disclosed in a public or court record or the information has been disclosed in the course of a public meeting or court proceeding.

J. A person who has been denied DCS information regarding a fatality or near fatality caused by abuse, abandonment or neglect pursuant to subsection L of this section or section 8-807.01 may bring a special action pursuant to section 39-121.02 in the superior court to order the department to release that DCS information. A legislator has standing to bring or to join a special action regarding the release of DCS information or to challenge the redaction of released DCS information. The plaintiff shall provide notice to the county attorney, who has standing and may participate in the action. The court shall review the requested records in camera and order disclosure consistent with subsections A and L of this section and section 8-807.01. The court shall take reasonable steps to prevent any clearly unwarranted invasions of privacy and protect the privacy and dignity of victims of crime pursuant to article II, section 2.1, subsection C, Constitution of Arizona.

K. The department or a person who is not specifically authorized by this section to obtain DCS information may petition a judge of the superior court to order the department to release DCS information. The plaintiff shall provide notice to the county attorney and to the attorney and guardian ad litem for the child, who have standing and may participate in the action. The court shall review the requested records in camera and shall balance the rights of the parties who are entitled to confidentiality pursuant to this section against the rights of the parties who are seeking the release of the DCS information. The court may release otherwise confidential DCS information only if the rights of the parties seeking the DCS information and any benefits from releasing the DCS information outweigh the rights of the parties who are entitled to confidentiality and any harm that may result from releasing the DCS information. The court shall take reasonable steps to prevent any clearly unwarranted invasions of privacy and protect the privacy and dignity of victims of crime pursuant to article II, section 2.1, subsection C, Constitution of Arizona.

L. Except as provided in subsection M of this section, before it releases records under this section or section 8-807.01, the department shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of a person who reports child abuse or neglect and to protect any other person if the department believes that disclosure of the DCS information would be likely to endanger the life or safety of any person. The department is not required by this section to disclose DCS information if the department demonstrates that disclosure would cause a specific, material harm to a department investigation. The department is not required by this section to disclose DCS information if, in consultation with the county attorney, the county attorney demonstrates that disclosure would cause a specific, material harm to a criminal investigation or prosecution.

M. A person who is the subject of an unfounded report or complaint made pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter and who believes that the report or complaint was made in bad faith or with malicious intent may petition a judge of the superior court to order the department to release the DCS information. The petition shall specifically set forth reasons supporting the person's belief that the report or complaint was made in bad faith or with malicious intent. The court shall review the DCS information in camera and the person filing the petition shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report or complaint was made in bad faith or with malicious intent and that disclosure of the identity of the person making the report or complaint would not be likely to endanger the life or safety of the person making the report or complaint, it shall provide a copy of the DCS information to the person filing the petition and the original DCS information is subject to discovery in a subsequent civil action regarding the making of the report or complaint.

N. The department shall provide the person who conducts a forensic medical evaluation with any records the person requests, including social history and family history regarding the child, the child's siblings and the child's parents or guardians.

O. The department shall provide DCS information on request to a prospective adoptive parent, foster parent or guardian, if the information concerns a child the prospective adoptive parent, foster parent or guardian seeks to adopt or provide care for.

P. If the department receives information that is confidential by law, the department shall maintain the confidentiality of the information as prescribed in the applicable law.

Q. A person may authorize the release of DCS information about the person but may not waive the confidentiality of DCS information concerning any other person.

R. The department may provide a summary of the outcome of a department investigation to the person who reported the suspected child abuse or neglect.

S. The department shall adopt rules to facilitate the accessibility of DCS information.

T. The department or a person who receives DCS information pursuant to subsection B of this section shall provide DCS information to law enforcement and a court to protect the safety of any employee of the department or the office of the attorney general or to protect a family member of such an employee.

U. A person who receives DCS information shall maintain the confidentiality of the information and shall not further disclose the information unless the disclosure is authorized by law or a court order.

V. The department may charge a fee for copying costs required to prepare DCS information for release pursuant to this section or section 8-807.01.

W. Unless explicitly prohibited by law, it is the public policy of this state that the department shall provide both of the following:

All DCS information and direct remote access to the department's automated case management system to the office of the ombudsman-citizen's aide and the auditor general.
Direct remote access to the department's automated case management system and any DCS information that is necessary to perform the foster care review board's statutory duties to the supreme court.

X. A person who violates this section is guilty of a class 2 misdemeanor.

§ 8-807.01 Incidents involving fatality or near fatality; definition

A. The department shall promptly provide DCS information to the public regarding a case of child abuse, abandonment or neglect that has resulted in a fatality or near fatality as follows:

The department shall provide preliminary information including at a minimum:

(a) In the case of a fatality, the name of the child who has died.

(b) The age, gender, county and general location of the residence of the child who has suffered a fatality or a near fatality.

(d) The name, age and city, town or general location of the residence of the alleged perpetrator, if available, unless the disclosure would violate the privacy of victims of crime pursuant to article II, section 2.1, Constitution of Arizona.

(e) Whether there have been reports, or any current or past cases, of abuse, abandonment or neglect involving the child or the alleged perpetrator.

(f) Actions taken by the department in response to the fatality or near fatality of the child.

(g) A detailed synopsis of prior reports or cases of abuse, abandonment or neglect involving the child or the alleged perpetrator and of the actions taken or determinations made by the department in response to these reports or cases.

On request by any person, the department shall promptly provide additional DCS information to the requestor in a case of child abuse, abandonment or neglect that has resulted in a fatality or a near fatality. Before releasing additional DCS information, the department shall promptly notify the county attorney of any decision to release that information, and the county attorney shall promptly inform the department if it believes the release would cause a specific, material harm to a criminal investigation or prosecution. After consulting with the county attorney, pursuant to paragraph 3 of this subsection, the department shall produce to the requestor as much additional DCS information as promptly as possible about a case of child abuse, abandonment or neglect that resulted in a fatality or near fatality.
On request, the department shall continue to provide DCS information promptly to the public about a fatality or near fatality unless:

(a) After consultation with the county attorney, the county attorney demonstrates that release of particular DCS information would cause a specific, material harm to a criminal investigation or prosecution.

(b) The release would violate section 8-807, subsection A or L or the privacy of victims of crime pursuant to article II, section 2.1, Constitution of Arizona.

If any person believes that the county attorney has failed to demonstrate that release would cause a specific, material harm to a criminal investigation or prosecution, that person may file an action in superior court pursuant to title 39, chapter 1, article 2 and section 8-807, subsection J and request the court to review the DCS information in camera to determine if disclosure should be ordered.
Within ninety days after the date of the DCS report for a case involving a fatality or a near fatality, the department shall provide to the public a summary report that:

(a) May include any actions taken by the department in response to the case, any changes in policies or practices that have been made to address any issues raised in the review of the case and any recommendations for further changes in policies, practices, rules or statutes to address those issues.

(b) Shall include the information prescribed in subsection B of this section if the child was residing in the child's home and in subsection C of this section if the child was placed in an out-of-home placement.

B. If the summary report prescribed in subsection A, paragraph 5 of this section involves a child who was residing in the child's home, the summary report shall contain a summary of all of the following:

Whether services pursuant to this chapter were being provided to the child, a member of the child's family or the person suspected of the abuse or neglect at the time of the incident and the date of the last contact before the incident between the entity providing the services and the person receiving the services.
Whether the child, a member of the child's family or the person suspected of the abuse or neglect was the subject of a DCS report at the time of the incident.
All involvement of the child's parents and of the person suspected of the abuse or neglect in a situation for which a DCS report was made or in services provided pursuant to this chapter in the five years preceding the incident involving a fatality or a near fatality.
Any investigation pursuant to a DCS report concerning the child, a member of the child's family or the person suspected of the abuse or neglect or services provided to the child or the child's family since the date of the incident involving a fatality or a near fatality.

C. If the summary report prescribed in subsection A, paragraph 5 of this section involves a child who was in out-of-home placement, the summary report shall include the name of any agency the licensee was licensed by, the licensing history of the out-of-home placement, including the type of license held by the operator of the placement, the period for which the placement has been licensed and a summary of all violations by the licensee and any other actions by the licensee or an employee of the licensee that constitute a substantial failure to protect and promote the health, safety and welfare of a child.

D. For the purposes of this section, "near fatality" means an act that, as certified by a physician, including the child's treating physician, places a child in serious or critical condition.

§ 8-808 Parent assistance program

A. A parent assistance program is established in the administrative office of the supreme court for the purpose of providing information to and assisting parents or guardians in understanding the process of removal of a child from the home. The administrative office of the supreme court shall establish parent assistance offices in counties having a population of four hundred thousand persons or more and shall provide twenty-four hour telephone hot line access statewide.

B. The administrative office of the supreme court shall hire and employ staff, subject to legislative appropriation, for purposes relating to the functions of the parent assistance program.

C. The parent assistance program shall provide the following information to parents or guardians:

The parents' or guardians' legal rights, including the right to attend court or foster care review board hearings, and the child's legal rights.
The means for accessing personnel who can provide information on:

(a) The well-being of the child who is removed from the home.

(b) The community resources that are available.

The procedures for requesting an attorney or a temporary custody hearing and the consequences of failure to make the request.

D. The administrative office of the supreme court shall maintain current statistics on the utilization of and types of calls received by the parent assistance program. The administrative office of the supreme court shall make the information available to the public on request and on the administrative office of the supreme court's website.

E. The administrative office of the supreme court shall coordinate efforts with the department to provide each parent or guardian with written notice of the services offered by the parent assistance program at the time initial contact is made with a family.

§ 8-809 Parents' rights; information on website; rule changes

A. The department shall provide on its website information on parents' rights pursuant to section 8-809.01 and other information to assist parents and guardians in understanding the process of removal of a child from the home.

B. The department shall provide on its home page a conspicuous link to the information prescribed in subsection A of this section.

C. The department shall publish on its website any final rule within ten days after the department files the final rule with the secretary of state.

§ 8-809.01 Parent, guardian or custodian; rights

A. On initial contact with a child safety worker, a parent, guardian or custodian under investigation for an allegation of abuse or neglect has the following rights:

To be informed of the specific complaint or allegation against that person and that any responses to the complaint or allegation may be used in a subsequent court proceeding.
To refuse to cooperate with the investigation or receive child safety services offered pursuant to the investigation. A child may not be temporarily removed based solely on a parent's, guardian's or custodian's refusal to cooperate with the investigation.
Unless otherwise ordered by the court, to deny the worker entry into the parent's, guardian's or custodian's home.
To respond to allegations either verbally or in writing and to have this information considered in determining if the child requires child safety services.
To report a violation of the rights specified in this section without fear of punishment, interference, coercion or retaliation.
To appeal determinations made by the department.
To seek the advice of an attorney and to have an attorney present when questioned by a worker.
Unless otherwise ordered by the court, to refuse to do any of the following:

(a) Sign a release of information document.

(b) Consent to take a drug or alcohol test.

To receive information about the investigation and the department's decision-making process.
To be informed both verbally and in writing of these rights and any parental rights under state law and to provide written acknowledgement of receipt of these rights.

B. If a child safety worker has probable cause to believe that exigent circumstances exist that present an imminent danger to the child, the worker shall take all lawful measures to protect the child pursuant to sections 8-821 and 8-822 before providing the notice of rights pursuant to subsection A of this section.

C. Unless parental rights have been terminated, exigent circumstances exist or as otherwise ordered by the court, a parent, guardian or custodian whose child is placed in the department's custody has the following rights:

To not have the child taken into department custody without the department providing the reasons for removal and information supporting the removal.
To the extent practicable, be immediately notified verbally or in writing that the child was taken into custody.
To receive information on the services available to the child, parent, guardian or custodian and the dependency process and timelines.
To have an attorney present or an attorney appointed by the court at all court proceedings.
To be timely notified of the date, time and location of all hearings and to participate in all hearings.
Whenever possible, to participate in the development of a case plan.
To receive services if the child has been removed from the home, including services that facilitate reunification of the family.
To maintain contact with the child unless it is determined by the department or court to be harmful to the child's safety or well-being.
To be consulted about the child's medical care, education and grooming.
To request that the child be returned if the court finds by a preponderance of the evidence that the return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety.

D. The department shall provide information regarding a parent's, guardian's or custodian's rights pursuant to this section and assistance in understanding and enforcing these rights to each parent, guardian and custodian on initial contact with a child safety worker or when there is a change in the child's case plan. The information shall include the telephone number and email address of the department, the department's office of the ombudsman and the ombudsman-citizen aide.

E. If a parent, guardian or custodian believes that the person's rights under this section have been violated, the parent, guardian or custodian or the person's representative may:

File a complaint with the department, the department's office of the ombudsman or the ombudsman-citizens aide pursuant to section 41-1376. A formal grievance may be initiated with the ombudsman at any time.
Notify the juvenile court in the child's ongoing dependency or severance proceeding, either orally or in writing, that the parent's, guardian's or custodian's rights are being violated and request appropriate equitable relief. The court shall act on the notification as necessary within its discretion to promote the best interest of the child.

F. The rights provided in this section do not establish an independent cause of action.

§ 8-810 Missing; abducted; runaway children; notification; training; audit

A. Immediately or within twenty-four hours after receiving a report made pursuant to section 13-3620 or receiving information during the course of providing services that indicates a child who is a ward of the court or who is in the care of the department is missing, abducted or a runaway and the child's location is unknown, the department shall notify the appropriate law enforcement agency to make the record entry as follows:

For an abducted child, the Arizona criminal justice information system.
For an abducted, missing or runaway child, the national crime information center missing person database.

B. Immediately or within twenty-four hours after receiving a report of a missing, abducted or runaway child, the department shall do the following:

Report information on the missing, abducted or runaway child to the national center for missing and exploited children.
Unless it is determined by the primary investigative agency that it will hinder investigation or location efforts, contact the following persons to obtain information about the child's disappearance:

(a) The child's parents.

(b) The child's known relatives.

(d) The child's attorney.

(e) The child's guardian or guardian ad litem.

(f) The child's court appointed special advocate.

(g) The child's school, friends or household members or other persons who may have relevant information about the circumstances surrounding the child's abduction or disappearance.

(h) Any other persons known to the department who may have relevant information regarding the child's location.

Unless it is determined by the primary investigative agency that it will hinder investigation or location efforts, provide a notice of disappearance in writing and telephonically to the following persons:

(a) The child's parents.

(b) The child's known relatives.

(d) The child's attorney.

(e) The child's guardian or guardian ad litem.

(f) The child's court appointed special advocate.

(g) A judicial officer in any judicial matter involving the child.

(h) The duty assistant attorney general to initiate a motion for a pickup.

(i) If the child is a member of an Indian tribe in this state, the child's Indian tribe.

C. Immediately or within twenty-four hours after receiving a report, the department shall request the appropriate law enforcement agency to determine if the situation meets amber alert criteria or silver alert criteria pursuant to section 41-1728. The appropriate law enforcement agency shall document its response regarding amber alert or silver alert criteria.

D. Within forty-eight hours after receiving a report of a missing, abducted or runaway child, the department shall provide the local law enforcement agency with, and the local law enforcement agency shall provide to all local media outlets and post to social media platforms, all of the following information regarding the child and, if known, the child's abductor:

A complete physical description of the child and, if known, the child's abductor.
The last known location of the child or, if known, the child's abductor.
A description of the clothing the child or, if known, the child's abductor was last known to be wearing.
A description of any vehicle that may be involved with the child's disappearance.
Current photos of the child and, if available, the child's abductor.
A law enforcement telephone number.
Information regarding any offered rewards.

E. The appropriate law enforcement agency shall update social media platforms with updated information regarding the missing, abducted or runaway child.

F. For a child who has been missing or abducted or who has been a runaway for two or more years, the appropriate law enforcement agency shall work, when possible, to create an age-appropriate progression image of the child.

G. The department shall do all of the following on an ongoing basis until a missing, abducted or runaway child is located or the child reaches the age of majority:

Document in writing every effort the department has made to locate the missing, abducted or runaway child within ten days after the effort to locate the child is taken. The written document shall specify the notifications and documentation sent to individuals and departments pursuant to the requirements of this section.
Contact law enforcement every seven calendar days and document the information provided and received.
For a child who has been missing or abducted or who has been a runaway for two or more years, work with the national center for missing and exploited children to create an age-progression image of the child.

H. The department shall immediately develop, refine, implement and provide initial training to newly hired employees. A newly hired employee must receive this initial training before any children are assigned to the newly hired employee's caseload. The department shall conduct annual training for department employees who have direct oversight of children and the direct supervisors of those employees. The training shall include department policies for locating missing, abducted or runaway children and the requirements for ongoing efforts to locate a missing, abducted or runaway child, unless it is determined by the primary investigative agency that it will hinder investigation or location efforts. Monthly ongoing department efforts shall include all of the following:

Continued contact with law enforcement agencies.
Continued contact with the child's parents, guardian or custodian.
Continued contact with the child's known relatives.
Continued contact with current and former foster families of the child.
Continued contact with the child's school.
Continued contact with known acquaintances of the child.
Continued in-person searching of locations and places where the child may be found.
Continued review of any social media accounts that may be associated with the child or the child's known acquaintances.
Continued efforts with law enforcement agencies in searching for the child.
Continued search efforts with department field staff who have access to databases that may help in the search for information or leads regarding the missing, abducted or runaway child.
Referral to the department's office of child welfare investigations for assistance if exigent circumstances exist.
Requesting that the appropriate law enforcement agency conduct welfare checks at any location where the child may be.

I. Within twenty-four hours after a missing, abducted or runaway child is located, the department shall do all of the following:

Inform all of the following:

(a) All law enforcement agencies involved in the child's case.

(b) The attorney general's office.

(d) Any individuals who have received notice pursuant to subsection B, paragraph 3 of this section.

Have in-person contact with the child.
Obtain a medical exam for the child.
Assess the child's experiences while absent from care, including screening to determine if the child is a sex trafficking victim, and report to the appropriate law enforcement agency if it is determined that the child is a sex trafficking victim.
Assess the appropriateness of the child returning to the child's current placement.
Assess factors that contributed to the child's absence.
Determine the need for additional behavioral health services and support.
Review the case to assess the primary factors that contributed to the child being missing or abducted or a runaway and to the extent possible and appropriate respond to those factors in current and subsequent case decisions.

J. Within sixty days after September 14, 2024, the department shall develop a checklist for department specialists. The checklist shall be distributed to each caseworker to assist department specialists in fulfilling the department's duties prescribed by this section. The checklist shall have a mechanism to mark department duties as completed within the timelines specified by this section.

K. Beginning ninety days after September 14, 2024, the department shall provide a monthly report to the governor, the president of the senate and the speaker of the house of representatives. The report shall include all of the following:

The names of all current missing, abducted or runaway children. The names of missing, abducted or runaway children shall be kept confidential and may not be distributed outside of the monthly report.
An acknowledgement that the department made the notifications prescribed by this section within the prescribed time frames. If the department failed to make the notifications with the prescribed time frames, the department shall include a detailed explanation of the reason why the notifications were not made within the prescribed time frames.
The department's compliance with ongoing search efforts made to locate missing, abducted or runaway children.
The department's compliance with subsection I of this section.
On the return of a runaway child to the department's care, the reason why the child ran away.

L. Within one hundred fifty days after September 14, 2024 and on a monthly basis thereafter, the department shall submit to the joint legislative budget committee, the senate health and human services committee and the house of representatives health and human services committee, or their successor committees, a report that includes all of the following:

The department's compliance with all of the requirements of this section.
The number of missing, abducted and runaway children.
The number of missing, abducted and runaway children who have been found.
The percentage of times the department was in compliance with the requirements prescribed in subsections A, B, C and D of this section.

M. If the report submitted pursuant to subsection L of this section shows a less than ninety-five percent compliance rate with the requirements prescribed in subsection L, paragraph 4 of this section for more than four consecutive or nonconsecutive months in a twelve-month period, the department shall establish a missing, abducted and runaway children unit within the department. The missing, abducted and runaway children unit shall have at least four employees with at least one employee available twenty-four hours a day. The missing, abducted and runaway children unit may enter into contracts with any vendor necessary to ensure the department is in compliance with this section. If the missing, abducted and runaway children unit is established, the unit shall submit a report to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative oversight committee on the department of child safety established by section 41-1292. The report shall do all of the following:

Identify the reasons why the department is not in compliance with the requirements prescribed in subsections A, B, C and D of this section.
Identify the methods by which the missing, abducted and runaway children unit will achieve a ninety-five percent compliance rate with the requirements prescribed in subsections A, B, C and D of this section.
Include organizational changes that the department will make to ensure compliance with the requirements prescribed in subsections A, B, C and D of this section.
Recommend legislative changes that are necessary to ensure the department's compliance with the requirements prescribed in subsections A, B, C and D of this section.

N. The legislature may convene an oversight committee to address problems and deviations from policy and procedure and recommend corrective action plans. The legislature shall request an annual independent audit of the department's compliance with this section. If the independent audit determines that the department is not in compliance, the department shall contract with a consulting firm that is licensed by this state for investigative services. The consulting firm shall present recommendations to the oversight committee on how to improve compliance with this section.

O. The legislature may convene the joint legislative oversight committee on the department of child safety established by section 41-1292 to address concerns and deviations from policy and procedure and provide recommendations. The legislature may request an annual independent audit of the department's compliance with this section. If the independent audit determines that the department is not in compliance, the independent audit shall provide recommendations for improving the department's efforts to locate missing, abducted or runaway children. If the joint legislative oversight committee on the department of child safety determines that the department, after the establishment of the missing, abducted and runaway children unit, has failed to meet the requirements of subsection M of this section for a period of more than two months, the department shall contract with a consulting firm that is licensed by this state for investigative services. The consulting firm shall present recommendations to the joint legislative oversight committee on how to improve compliance with this section.

§ 8-811 Hearing process; definitions

(L24, Ch. 47, sec. 5)

A. The department shall notify a person who is alleged to have abused or neglected a child that the department intends to substantiate the allegation in the central registry pursuant to section 8-804 and of that person's right:

To receive a copy of the report containing the allegation.
To a hearing before the entry into the central registry.

B. The department shall provide the notice prescribed in subsection A of this section by first class mail or by personal service no more than fourteen days after completion of the investigation.

C. A request for a hearing on the proposed finding must be received by the department within twenty days after the mailing or personal service of the notice by the department.

D. The department shall not disclose any information related to the investigation of the allegation except as provided in sections 8-456, 8-807, 8-807.01 and 13-3620.

E. If a request for a hearing is made pursuant to subsection C of this section, the department shall conduct a review before the hearing. The department shall provide an opportunity for the accused person to provide written or verbal information to support the position that the department should not substantiate the allegation. If the department determines that there is no probable cause that the accused person engaged in the alleged conduct, the department shall amend the information or finding in the report and shall notify the person and a hearing shall not be held.

F. Notwithstanding section 41-1092.03, the notification prescribed in subsection A of this section shall also state that if the department does not amend the information or finding in the report as prescribed in subsection E of this section within sixty days after it receives the request for a hearing the person has a right to a hearing unless:

The person is a party in a pending civil, criminal or administrative proceeding in which the allegations of abuse or neglect are at issue.
The person is a party in a pending juvenile proceeding in which the allegations of abuse or neglect are at issue.
A court or administrative law judge has made findings as to the alleged abuse or neglect.
A court has found that a child is dependent or has terminated a parent's rights based on an allegation of abuse or neglect.

G. If the court or administrative law judge in a pending proceeding described in subsection F, paragraph 1 or 2 of this section does not make a finding of abuse or neglect and the matter is no longer pending in that forum, the person has a right to a hearing pursuant to subsection F of this section.

H. If the court or administrative law judge in a proceeding described in subsection F of this section has made a finding of abuse or neglect, the finding shall be entered into the central registry as a substantiated report.

I. If the department does not amend the information or finding in the report as prescribed in subsection E of this section, the department shall notify the office of administrative hearings of the request for a hearing no later than five days after completion of the review. The department shall forward all records, reports and other relevant information with the request for hearing within ten days. The department shall redact the identity of the reporting source before transmitting the information to the office of administrative hearings.

J. The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10, with the following exceptions:

A child who is the victim of or a witness to abuse or neglect is not required to testify at the hearing.
A child's hearsay statement is admissible if the time, content and circumstances of that statement are sufficiently indicative of its reliability.
The identity of the reporting source of the abuse or neglect shall not be disclosed without the permission of the reporting source.
The reporting source is not required to testify.
A written statement from the reporting source may be admitted if the time, content and circumstances of that statement are sufficiently indicative of its reliability.
If the person requesting the hearing fails to appear, the hearing shall be vacated and a substantiated finding of abuse or neglect shall be entered. On good cause shown, the hearing may be rescheduled if the request is made within fifteen calendar days after the date of the notice vacating the hearing for failure to appear.

K. On completion of the presentation of evidence, the administrative law judge shall determine if probable cause exists to sustain the department's finding that the parent, guardian, employee of a child welfare agency where the child was placed that was licensed by and contracted with the department at the time of the abuse or custodian abused the child or the parent, guardian or custodian neglected the child. If the administrative law judge determines that probable cause exists to sustain the department's finding of abuse or neglect, the sustained finding shall be entered into the central registry as a substantiated report. If the administrative law judge determines that probable cause does not exist to sustain the department's finding, the administrative law judge shall order the department to amend the information or finding in the report.

L. When the department is requested to verify pursuant to section 8-807, if the central registry contains a substantiated report about a specific person, the department shall determine if the report was taken after January 1, 1998. If the report was taken after January 1, 1998, the department shall notify the requestor of the substantiated finding. If the report was taken before January 1, 1998, the department shall notify the person of the person's right to request an administrative hearing. The department shall not send this notification if the person was a party in a civil, criminal or administrative proceeding in which the allegations of abuse or neglect were at issue. The provisions of this section shall apply to the person's appeal.

M. The department shall provide the parent, guardian or custodian who is the subject of the investigation and the person who reported the suspected child abuse or neglect if that person is the child's parent, guardian or custodian with a copy of the outcome of the investigation at one of the following times:

If the report is unsubstantiated.
If probable cause exists that abuse or neglect has occurred but a specific person is not identified as having abused or neglected the child.
After the time to request a hearing has lapsed pursuant to subsection C of this section without the department receiving a request for a hearing.
After a final administrative decision has been made pursuant to section 41-1092.08.

N. For the purposes of this section:

"Amend the finding" means to change the finding from substantiated to unsubstantiated.
"Amend the information" means to change information identifying the accused of having abused or neglected a child.

§ 8-811 (Version 2) Hearing process; definitions

(L24, Ch. 127, sec. 5)

To receive a copy of the report containing the allegation.
To a hearing before the entry into the central registry.

B. The department shall provide the notice prescribed in subsection A of this section by first class mail or by personal service no more than fourteen days after completion of the investigation.

C. A request for a hearing on the proposed finding must be received by the department within twenty days after the mailing or personal service of the notice by the department.

D. The department shall not disclose any information related to the investigation of the allegation except as provided in sections 8-456, 8-807, 8-807.01 and 13-3620.

E. If a request for a hearing is made pursuant to subsection C of this section, the department shall conduct a review before the hearing. The department shall provide an opportunity for the accused person to provide written or verbal information to support the position that the department should not substantiate the allegation. If the department determines that the proposed finding is not supported by a preponderance of the evidence, the department shall amend the information or finding in the report and shall notify the person and a hearing shall not be held.

The person is a party in a pending civil, criminal or administrative proceeding in which the allegations of abuse or neglect are at issue.
The person is a party in a pending juvenile proceeding in which the allegations of abuse or neglect are at issue.
A court or administrative law judge has made findings as to the alleged abuse or neglect.
A court has found that a child is dependent or has terminated a parent's rights based on an allegation of abuse or neglect.

I. If the department does not amend the information or finding in the report as prescribed in subsection E of this section, the department shall notify the office of administrative hearings of the request for a hearing not later than five days after completion of the review. The department shall forward all records, reports and other relevant information with the request for hearing within ten days. The department shall redact the identity of the reporting source before transmitting the information to the office of administrative hearings.

J. The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10, with the following exceptions:

A child who is the victim of or a witness to abuse or neglect is not required to testify at the hearing.
A child's hearsay statement is admissible if the time, content and circumstances of that statement are sufficiently indicative of its reliability.
The identity of the reporting source of the abuse or neglect shall not be disclosed without the permission of the reporting source.
The reporting source is not required to testify.
A written statement from the reporting source may be admitted if the time, content and circumstances of that statement are sufficiently indicative of its reliability.
If the person requesting the hearing fails to appear, the hearing shall be vacated and a substantiated finding of abuse or neglect shall be entered. On good cause shown, the hearing may be rescheduled if the request is made within fifteen calendar days after the date of the notice vacating the hearing for failure to appear.

K. On completion of the presentation of evidence, the administrative law judge shall determine if the proposed finding is supported by a preponderance of the evidence. If the administrative law judge determines that the proposed finding is supported by a preponderance of the evidence, the sustained finding shall be entered into the central registry as a substantiated report. If the administrative law judge determines that the proposed finding is not supported by a preponderance of the evidence, the administrative law judge shall order the department to amend the information or finding in the report.

If the report is unsubstantiated.
If the proposed finding is supported by a preponderance of the evidence but a specific person is not identified as having abused or neglected the child.
After the time to request a hearing has lapsed pursuant to subsection C of this section without the department receiving a request for a hearing.
After a final administrative decision has been made pursuant to section 41-1092.08.

N. For the purposes of this section:

"Amend the finding" means to change the finding from substantiated to unsubstantiated.
"Amend the information" means to change information identifying the accused of having abused or neglected a child.

§ 8-812 Child welfare agency; nonoperating identification license; photograph

A child welfare agency that receives for care and maintenance a child who has been adjudicated dependent shall obtain within ninety days after the child is placed with the agency:

A nonoperating identification license issued pursuant to section 28-3165.
If the child does not qualify for a nonoperating identification license, a photograph of the child.

§ 8-813 Preplacement investigation; medical examination; disposition

A. On the initial out-of-home placement of a child:

The division or a licensed child welfare agency shall conduct an investigation of the child designed to establish an appropriate plan for placement of the child.
The child shall receive a complete medical examination.
The child may receive such further diagnosis and evaluation as are necessary.

B. The department shall develop policies and procedures with public input to allow the child to maintain contact by telephone, mail or visits with the child's parents, family members, friends and other relatives and any former foster parent, unless the court determines that the contact is not in the child's best interests. Before the department allows contact it must determine that there are no court orders relating to any superior court criminal case that prohibit the parent or guardian from contact with the child.

C. Notwithstanding any law to the contrary, before a court orders counseling, testing or other treatment services, it shall first determine that the proposed services are necessary and appropriate.

D. Subsequent to initial placement, the child placed in a setting other than the child's parent's home shall have a medical examination at periodic intervals, not less than once each year.

E. Contagious and infectious diseases shall be treated immediately at the county hospital or other appropriate medical facility.

F. If the investigation and medical examination disclose no physical, mental or emotional reasons for special care, and the child is not found delinquent, the child may be placed in a regular foster home. If special care is required, or the child has been found delinquent, the child may be placed only in foster homes that are certified as special foster homes or such other appropriate facilities where children may be treated.

§ 8-814 Permanent guardianship subsidy; offsets; annual review; discontinuation; appeals; definition

A. The department shall establish and administer an ongoing program of subsidized permanent guardianship. Subsidies shall be provided from monies appropriated to the department or made available to it from other sources for permanent guardianship purposes.

B. The department may provide a subsidy to an applicant on behalf of a child subject to the requirements of this section.

C. The department shall determine the appropriate amount of the subsidy, which shall not exceed the maintenance payment allowable for an adoption subsidy pursuant to chapter 1, article 2 of this title. The amount of the subsidy shall be offset by benefits received from other state or federal programs to which the child is entitled.

D. The department shall conduct an annual review of a subsidy to determine that the permanent guardian continues to be eligible for the subsidy and that the subsidy is for the appropriate amount.

E. A permanent guardian who is receiving a subsidy shall:

Cooperate with the department in the annual review process.
Notify the department in writing of any change:

(a) That would lead to discontinuance of the subsidy pursuant to subsection F of this section.

(b) In benefits being received from other state or federal programs to which the child is entitled within two weeks of the change.

F. The department shall discontinue a subsidy if any of the following occurs:

The permanent guardianship terminates.
The child dies or does not reside with the permanent guardian.
The child reaches eighteen years of age, except that the department may continue the subsidy until the child's twenty-second birthday if the child is enrolled in and regularly attending school and has not received a high school diploma or certificate of equivalency.
The applicant fails to comply with any requirement in this section.

G. Any decision denying, reducing or terminating a permanent guardianship subsidy is appealable pursuant to title 41, chapter 6 and chapter 14, article 3.

H. For the purposes of this section, "applicant" means a person who is appointed as a permanent guardian pursuant to section 8-872 or as a provisional or successor permanent guardian pursuant to section 8-874 and who applies for a subsidy pursuant to this section.

§ 8-815 Indian child welfare act; inquiry

A. At the beginning of any court proceeding held pursuant to this chapter, the court shall inquire if any party has reason to believe that any child who is subject to the proceeding is subject to the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963). This inquiry is not required if the court has already determined that the Indian child welfare act of 1978 applies.

B. If the child is subject to the Indian child welfare act, the court and parties shall meet all requirements of the act that are not prescribed by this chapter.

§ 8-816 Family builders program; services; definitions

A. The family builders program is established in the department. The department may implement the program through collaborative partnerships between the department, community social service agencies, family support programs and other community organizations, which may include faith-based organizations, to establish a system that, through referral to a network of contracted neighborhood-based agencies, provides a variety of community-linked family preservation and support services to assist families to prevent and remedy conditions or circumstances that cause child abuse or neglect.

B. The department may contract with neighborhood-based agencies and organizations to conduct family assessments, provide case management and provide the necessary services to protect the child and support the family on referral from the department.

C. During the initial contact with a family, the provider shall:

Verbally inform the prospective program participants that the department referred the family to the provider after investigation of a report of abuse or neglect.
Verbally inform the prospective program participants that they do not have to accept services.
Obtain the written, informed consent of the prospective program participants who choose to accept the services offered. The consent form shall include a description of the services offered and the rights and responsibilities of the program participants and a statement that emphasizes the voluntary nature of the program.

D. Contracts shall require that the provider establish a continuum of services for families through written agreements with community agencies and organizations to provide required services to families. The provider may purchase or obtain without cost the services of any agency or organization that may provide resources to assist the family.

E. Contracts shall require that the provider initiate a thorough family assessment and necessary services within forty-eight hours, excluding weekends and holidays, after the provider receives the referral from the department.

F. The department shall provide information to the provider concerning the current report and any information from records it deems appropriate. All information received by the provider regarding the report of abuse or neglect and department records is subject to the confidentiality requirements of section 8-807. Information in the records of the provider concerning the families served by the program is available for the purposes of evaluating the program.

G. On receipt of a referral from the department, within forty-eight hours the provider shall attempt to contact the family in person, initiate a family assessment with the consent of the family and offer to assist the family to obtain the services that are necessary to reduce or eliminate the causes for the initial information being received by the department and other identified needs of the family.

H. If at any time during the initial contact or during the course of service delivery the provider determines that the child is in imminent danger of abuse or neglect, the provider shall immediately report the case to the department or the appropriate law enforcement agency, or both, for appropriate action. In all cases the provider and any agency under subcontract to the provider shall retain records of information on initial and ongoing contact with the family and the final disposition of the case and shall provide this information to the department.

I. A family that is offered services by the provider may refuse to accept those services. The provider shall document the family's refusal of services in the case record.

J. The provider shall conduct an assessment in the home and with the family's participation shall develop an initial plan within thirty days based on the family's needs. The provider shall assist the family in identifying and providing appropriate services. The provider shall monitor the progress made by the family based on the plan expectations and shall conduct home visits to determine the safety of the child and any other children in the home at the time of the visit.

K. The department shall require that the provider establish a local advisory board composed of appropriate community representatives, including representation from families in the community and local public agencies. The local advisory board shall ensure that a continuum of services is provided for families and shall provide oversight to the program.

L. The department shall identify goals, objectives and outcomes for family builders programs.

M. If the department expands the program to new geographic areas, it shall hold at least one informational meeting to inform potential providers of the opportunity to bid on the contract. The department shall provide adequate public notice of each meeting to potential providers in the same manner as provided in section 41-2533.

N. The department shall develop performance standards for the contracts, provide training to the provider or organization staff involved in service delivery to these families regarding child abuse and neglect and monitor the performance of the providers.

O. For the purposes of this section:

"Provider" means a community social services agency, family support program or community organization, including a faith-based organization, that is awarded a contract by the department.
"Services" includes:

(a) Family assessment.

(b) Case management.

(d) Housing search and relocation.

(e) Parenting skills training.

(f) Supportive intervention and guidance counseling.

(g) Transportation.

(h) Emergency services.

(i) Intensive family preservation.

(j) Parent aide services.

(k) Respite services.

(l) Shelter services with parental consent.

(m) Additional services that the department determines are necessary to meet the needs of the families.

§ 8-817 Initial screening and safety assessment and investigation protocols

A. The department shall develop, establish and implement initial screening and safety assessment protocols in consultation with the attorney general and statewide with county attorneys, chiefs of police, sheriffs, medical experts, victims' rights advocates, domestic violence victim advocates and mandatory reporters. Any initial screening and safety assessment model shall be based on an evidence-informed safety assessment model prescribed in section 8-456 and shall ensure valid and reliable responses. The department shall establish written policies and procedures to implement the use of the initial screening and safety assessment protocols.

B. To ensure thorough investigations of those accused of crimes against children, in each county, the county attorney, in cooperation with the sheriff, the chief law enforcement officer for each municipality in the county and the department shall develop, adopt and implement protocols to guide the conduct of investigations of allegations involving criminal conduct. The protocols shall include:

The process for notification of receipt of criminal conduct allegations.
The standards for interdisciplinary investigations of specific types of abuse and neglect, including timely forensic medical evaluations.
The standards for interdisciplinary investigations involving Native American children in compliance with the Indian child welfare act.
Procedures for sharing information and standards for the timely disclosure of information.
Procedures for coordination of screening, response and investigation with other involved professional disciplines and notification of case status and standards for the timely disclosure of related information.
The training required for the involved child safety workers, law enforcement officers and prosecutors to execute the investigation protocols, including forensic interviewing skills.
The process to ensure review of and compliance with the investigation protocols and the reporting of activity under the protocols.
Procedures for annual reports to be transmitted within forty-five days after the end of each fiscal year independently from each county attorney to the governor, the speaker of the house of representatives and the president of the senate and a copy of these reports to be provided to the secretary of state. Each report made pursuant to this paragraph must be independently prepared and submitted without any input from or communication with the other reporting entities. Each report is a public document and shall include:

(a) The number of criminal conduct allegations investigated and how many of these investigations were conducted jointly pursuant to the investigation protocols established in this subsection.

(b) Information from each county attorney regarding the number of cases presented for review, the number of persons charged in those cases, the reasons why charges were not pursued and the disposition of these cases.

Procedures for dispute resolution.

C. The department shall cooperate with the county attorney and the appropriate law enforcement agency pursuant to the investigation protocols adopted in this section. In instances of criminal conduct against a child, the department shall protect the victim's rights of the children in its custody against harassment, intimidation and abuse, as applicable, pursuant to article II, section 2.1, Constitution of Arizona.

D. The county attorney and the law enforcement agency shall cooperate with the department pursuant to the investigation protocols adopted in this section.

§ 8-819 Determination of neglect

In determining if a child is neglected, consideration shall be given to:

The drug or alcohol abuse of the child’s parent, guardian or custodian.
The use by the mother of a dangerous drug, a narcotic drug or alcohol during pregnancy if the child, at birth or within a year after birth, is demonstrably adversely affected by this use. For the purposes of this paragraph, "dangerous drug" and "narcotic drug" have the same meaning prescribed in section 13-3401.

Article 9 Removal of Child

§ 8-821 Taking into temporary custody; medical examination; forensic interview; placement; interference; violation; classification; definition

A. A child shall be taken into temporary custody only pursuant to one of the following:

An order of the superior court.
Subsection E of this section.
The consent of the child's parent or guardian.

B. The superior court, on a dependency petition filed by an interested person, a peace officer, a child welfare investigator or a child safety worker under oath or on a sworn statement or testimony by a peace officer, a child welfare investigator or a child safety worker, may issue an order authorizing the department to take temporary custody of a child on finding that probable cause exists to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect and it is contrary to the child's welfare to remain in the home.

C. If a child is taken into temporary custody pursuant to this section, the child's sibling shall also be taken into temporary custody only if independent probable cause exists to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect.

D. If a child is taken into temporary custody pursuant to this section, the court shall order the department to initiate a due diligence search pursuant to section 8-514.07.

E. A child may be taken into temporary custody without a court order by a peace officer, a child welfare investigator or a child safety worker if temporary custody is clearly necessary to protect the child because exigent circumstances exist.

F. In determining if a child should be taken into temporary custody, the court, peace officer, child welfare investigator or child safety worker shall take into consideration as a paramount concern the child's health and safety.

G. A person who takes a child into custody because an exigent circumstance described in subsection L, paragraph 2 of this section exists shall immediately have the child forensically interviewed by a person who is trained in forensic interviewing pursuant to a protocol established pursuant to section 8-817 and may have the child examined by a physician who is licensed pursuant to title 32, chapter 13 or 17 or a health care provider who is licensed pursuant to title 32 and who has specific training in evaluations of child abuse. After the interview or examination, or both, the person shall release the child to the custody of the parent or guardian of the child unless the interview or examination reveals abuse. Temporary custody of a child taken into custody because an exigent circumstance described in subsection L, paragraph 2 of this section exists shall not exceed twelve hours.

H. A child who is taken into temporary custody pursuant to this article shall not be held in a police station, jail or lockup where adults or juveniles who are charged with or convicted of a crime are detained.

I. A child shall not remain in temporary custody for more than seventy-two hours excluding Saturdays, Sundays and holidays unless a dependency petition is filed.

J. To execute an order authorizing temporary custody, a peace officer may use reasonable force to enter any building in which the person named in the removal authorization is or is reasonably believed to be.

K. A person who knowingly interferes with the taking of a child into temporary custody under this section is guilty of a class 2 misdemeanor.

L. For the purposes of this section, "exigent circumstances" means there is probable cause to believe that the child is likely to suffer serious harm in the time it would take to obtain a court order for removal and either of the following is true:

There is no less intrusive alternative to taking temporary custody of the child that would reasonably and sufficiently protect the child's health or safety.
Probable cause exists to believe that the child is a victim of sexual abuse or abuse involving serious physical injury that can be diagnosed only by a physician who is licensed pursuant to title 32, chapter 13 or 17 or a health care provider who is licensed pursuant to title 32 and who has specific training in evaluations of child abuse.

§ 8-822 Removal of child from home; rules and policies; approval; definition

A. The department shall adopt rules and establish clear policies and procedures, where appropriate, to:

Determine the circumstances under which it is appropriate to remove a child from the custody of the child's parents, guardian or custodian.
Ensure the immediate notification of the child's parents, guardian or custodian regarding the removal of the child from home, school or child care and the timely interview of the child and the child's parent, guardian or custodian.

B. The department shall apply its rules, policies and safety assessment model prescribed in section 8-456 uniformly across this state.

C. Except as provided in subsection D of this section, the department may not remove a child from the custody of the child's parents, guardian or custodian unless both of the following occur before the removal:

The child safety worker who is recommending the removal submits the reasons for removal and supporting information to the worker's supervisor.
The worker's supervisor reviews the reasons and supporting information and approves the removal.

D. If an emergency exists affecting the health or safety of a child, a child safety worker may remove the child before notifying the worker's supervisor. The child safety worker shall submit the reasons for removal and supporting information to the worker's supervisor for the supervisor's review and approval within two hours after the removal of the child or, if the removal occurs after regular working hours, by 8:30 a.m. the next day.

E. For the purposes of this section, "supervisor" includes the permanent supervisor of a child safety worker and a temporary supervisor assigned to the child safety worker in the absence of the permanent supervisor.

§ 8-823 Notice of taking into temporary custody

A. If a child is taken into temporary custody pursuant to this article, the interested person, peace officer or child safety worker taking the child into custody shall provide written notice within six hours to the parent or guardian of the child, unless:

The parent or guardian is present when the child is taken into custody, then written and verbal notice shall be provided immediately.
The residence of the parent or guardian is outside this state and notice cannot be provided within six hours, then written notice shall be provided within twenty-four hours.
The residence of the parent or guardian is not ascertainable, then reasonable efforts shall be made to locate and notify the parent or guardian of the child as soon as possible.

B. The written notice shall contain a signature line for the parent or guardian to acknowledge receipt of both written and verbal notices. The written and verbal notices shall contain the name of the person and agency taking the child into custody, the location from which the child was taken and all of the following information:

Specific reasons as to why the child is being removed. The notice shall list the specific factors that caused the determination of imminent danger.
Services that are available to the parent or guardian, including a statement of parental rights and information on how to contact the ombudsman-citizens aide's office and an explanation of the services that office offers.
The date and time of the taking into custody.
The name and telephone number of the agency responsible for the child.
A statement of the reasons for temporary custody of the child.
A statement that the child must be returned within seventy-two hours excluding Saturdays, Sundays and holidays unless a dependency petition is filed and a statement that a child in temporary custody for examination because an exigent circumstance described in section 8-821, subsection L, paragraph 2 exists must be returned within twelve hours unless abuse or neglect is diagnosed.
One of the following:

(a) If a dependency petition has not been filed or if the information prescribed in subdivision (b) is not available, a statement that if a dependency petition is filed, the parent or guardian will be provided a written notice not later than twenty-four hours after the petition is filed that contains the information prescribed in subdivision (b).

(b) In all other cases, the date, time and place of the preliminary protective hearing to be held pursuant to section 8-824 and the requirements of subsection D of this section.

A statement of the right of the parent or guardian to counsel and that counsel will be appointed pursuant to section 8-221 through the juvenile court if a dependency petition is filed and the person is indigent.
Information regarding the ability of the person about whom the report was made to provide a verbal, telephonic or written response to the allegations. A verbal response shall be included in the written report of the investigation. A written response, including any documentation, shall be included in the case file.
A statement that the hearing may result in further proceedings to terminate parental rights.
A statement that the parent or guardian must immediately provide to the department the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child. If there is not sufficient information available to locate a relative or person with a significant relationship with the child, the parent shall inform the department of this fact. If the parent or guardian obtains information regarding the existence or location of a relative or person with a significant relationship with the child, the parent or guardian shall immediately provide that information to the department.
A statement that the parent or guardian must be prepared to provide to the court at the preliminary protective hearing the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.

C. The child safety worker shall provide the parent or guardian with the notice even if the parent or guardian refuses to sign the acknowledgment.

D. Immediately before the time of the preliminary protective hearing, the persons described in section 8-824, subsection B shall meet and attempt to reach an agreement about placement of the child, services to be provided to the child, parent or guardian and visitation of the child. The parties shall meet with their counsel, if any, before this meeting. Consideration shall be given to the availability of reasonable services to the parent or guardian and the child's health and safety shall be a paramount concern. The persons described in section 8-824, subsection C may attend the meeting to reach an agreement.

E. If a dependency petition is filed by the department, the child safety worker is responsible for delivering the notice of the preliminary protective hearing prescribed in subsection B, paragraph 7 of this section to the parent or guardian. In all other cases, the person who files the dependency petition is responsible for delivery of this notice to the parent or guardian. If the location of the parent or guardian is unknown, the person who is responsible for serving this notice shall make reasonable efforts to locate and notify the parent or guardian.

§ 8-824 Preliminary protective hearing; probable cause; appointment of counsel

A. The court shall hold a preliminary protective hearing to review the taking into temporary custody of a child pursuant to section 8-821 not fewer than five days nor more than seven days after the child is taken into custody, excluding Saturdays, Sundays and holidays. If clearly necessary to prevent abuse or neglect, to preserve the rights of a party or for other good cause shown, the court may grant one continuance that does not exceed five days.

B. The following persons shall be present at the preliminary protective hearing:

The child's parents or guardian, unless they cannot be located or they fail to appear in response to the notice.
Counsel for the parents if one has been requested or retained.
The child's guardian ad litem or attorney.
The child safety worker and additional representatives of the department if requested by the department.
Counsel for the child safety worker.

C. If the court finds that it is in the best interests of the child, the court may allow the following to be present at the preliminary protective hearing:

The child.
Any relative or other interested person with whom the child is or might be placed as described in section 8-845, subsection A.
Witnesses called by the parties.
An advocate or interested person as requested by the parent or guardian.
Other persons who have knowledge of or an interest in the welfare of the child.

D. At the hearing, the court shall advise the parent or guardian of the following rights:

The right to counsel, including appointed counsel if the parent or guardian is indigent.
The right to cross-examine all witnesses who are called to testify against the parent or guardian.
The right to trial by court on the allegations in the petition.
The right to use the process of the court to compel the attendance of witnesses.

E. At the hearing, the court:

Shall receive a report of any agreement reached pursuant to section 8-823, subsection D. The report may be made orally.
Shall provide an opportunity for the child's parent or guardian, if present, and any other person who has relevant knowledge, to provide relevant testimony.
May limit testimony and evidence that is beyond the scope of the removal of the child, the child's need for continued protection, placement, visitation and services to be provided to the child and family.
May take into consideration as a mitigating factor the participation of the parent or guardian in the healthy families program established by section 8-481.
Shall take into consideration as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services.
Shall inform the child's parent or guardian that the hearing may result in further proceedings to terminate parental rights.
Shall order the parent or guardian to provide the court with the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child. If there is not sufficient information available to locate a relative or person with a significant relationship with the child, the parent or guardian shall inform the court of this fact. The court shall further order the parent or guardian to inform the department immediately if the parent or guardian becomes aware of information related to the existence or location of a relative or person with a significant relationship to the child.
Shall inform the parent that substantially neglecting or wilfully refusing to remedy the circumstances that cause the child to be in an out-of-home placement, including refusing to participate in reunification services, is grounds for termination of parental rights to a child.
Shall give paramount consideration to the health and safety of the child.
Shall determine whether the department is attempting to identify and assess placement of the child with a grandparent or another member of the child's extended family including a person who has a significant relationship with the child.
Shall inform a foster parent, a preadoptive parent or a member of the child's extended family with whom the department has placed the child of the right to be heard in any proceeding to be held with respect to the child.

F. The petitioner has the burden of presenting evidence as to whether there is probable cause to believe that continued temporary custody is clearly necessary to prevent abuse or neglect pending the hearing on the dependency petition.

G. The department must make reasonable efforts to place a child with siblings and, if that is not possible, to maintain frequent visitation or other ongoing contact between all siblings.

H. If the child is in the temporary custody of the department, the department shall submit not later than the day before the hearing a written report to the court and the parties that states:

The reasons the child was removed from the parent's or guardian's custody.
Any services that have been provided to the child or the child's parent or guardian to prevent removal.
The need, if any, for continued temporary custody.
The types of service needed to facilitate the return of the child to the custody of the child's parents or guardian.
If the child is not placed with a grandparent, whether the child has any relatives or other interested parties as described in section 8-845, subsection A who may be able and willing to take temporary custody.
Any services that are requested by the parent or guardian but that are not provided and the reasons the services were not provided.
What efforts the department has made to place siblings together, and if they are not placed together, the specific reasons why this did not occur.
If the placement of siblings together was not possible for all or any of the siblings, efforts the department has made to facilitate communications among siblings and a proposal for frequent visitation or contact pursuant to subsection G of this section. If frequent visitation or contact with siblings is not recommended, the department shall state the reasons why this would be contrary to the child's or a sibling's safety or well-being.
A proposal for visitation with the child's parents or guardian and the results of any visitation that has occurred since the child was removed. The requirements of this paragraph do not apply to a specific parent or guardian if there is a court order relating to a criminal case that prohibits that parent or guardian from contact with the child. Before the department allows visitation it must first determine that there are no court orders relating to any superior court criminal case that prohibit the parent or guardian from contact with the child.
A proposed case plan for services to the family.
The department's efforts to identify, notify and assess adult relatives of the child and persons with a significant relationship with the child pursuant to section 8-514.07.

I. The parent or guardian shall state whether the parent or guardian admits or denies the allegations in the petition filed pursuant to section 8-841. If the parent or guardian admits or does not contest the allegations in the petition, the court shall determine that the parent or guardian understands the rights described in subsection D of this section and that the parent or guardian knowingly, intelligently and voluntarily waives these rights.

J. At the hearing, if the child is not returned to the parent or guardian, the court shall:

Enter orders regarding the placement of the child pending the determination of the dependency petition and visitation, if any.
If a relative is identified as a possible placement for the child, notify the relative of the right to be heard in any proceeding to be held with respect to the child.
Determine if the tasks and services set forth in the case plan are reasonable and necessary to carry out the case plan.

§ 8-825 Court determinations in preliminary protective hearing

A. The court's determination in the preliminary protective hearing may be based on evidence that is hearsay, in whole or in part, in the following forms:

The allegations of the petition.
An affidavit.
Sworn testimony.
The written reports of expert witnesses.
The department's written reports if the child safety worker is present and available for cross-examination.
Documentary evidence without foundation if there is a substantial basis for believing the foundation will be available at the dependency hearing and the document is otherwise admissible.
The testimony of a witness concerning the declarations of another person if the evidence is cumulative or there is a reasonable ground to believe that the other person will be personally available for trial.

B. Evidence considered by the court pursuant to subsection A of this section shall also include any available evidence of substantiated allegations of abuse or neglect committed in another jurisdiction.

C. The court shall determine whether temporary custody of the child is clearly necessary to prevent abuse or neglect pending the hearing on the dependency petition. The court:

On finding that the petitioner has not met the burden prescribed in section 8-824, subsection F, shall return the child to the child's parent, guardian or custodian pending the dependency hearing.
On finding that the petitioner has met the burden prescribed in section 8-824, subsection F, may declare the child a temporary ward of the court pending the dependency hearing.

D. The court shall also determine if reasonable efforts were made to prevent or eliminate the need for removal of a child from the child's home and if services are available that would eliminate the need for continued removal. If the child is:

In the custody of the department, the court shall order the department to make reasonable efforts to provide services to the child and parent to facilitate the reunification of the family, except as provided in section 8-846.
Not in the custody of the department and the department is not a party, the court may direct the parties to participate in reasonable services that will facilitate reunification of the family or another permanent plan for the child. The court shall not require the department to provide services pursuant to this paragraph.

§ 8-826 Further hearings and proceedings

If a parent or guardian denies the allegations at the preliminary protective hearing the court may set the date for the dependency adjudication hearing as to that parent or guardian. An initial dependency hearing shall not be held as to that parent or guardian. The court shall also schedule the settlement conference, pretrial conference or mediation that is prescribed in section 8-844. The court shall also instruct the parent or guardian that the failure to appear at the pretrial conference, settlement conference or dependency adjudication hearing may result in an adjudication of dependency and disposition as to the parent or guardian who does not appear.

§ 8-827 Background checks of adults residing in potential emergency placement homes; disqualifying criminal offenses; definitions

A. If a child is removed from the custody of the child's parent, guardian or custodian and an emergency placement is offered by an authorized tribe, an authorized tribe may request, in accordance with the procedures prescribed in 28 Code of Federal Regulations sections 901.1 through 901.4, that each person who is at least eighteen years of age and who is residing in a home where the potential emergency placement is to be made consent to both of the following:

A preliminary state and federal name-based background check.
Within fifteen days after the date the name-based background check is conducted, the submission of a full set of the person's fingerprints to an authorized tribe for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

B. An adult who consents to name-based and fingerprint background checks pursuant to subsection A of this section shall submit to an authorized tribe a full set of fingerprints and written permission authorizing the authorized tribe to submit the fingerprints to the department of public safety for the processing of the state and federal criminal records check. The department of public safety shall provide the results of the name-based and fingerprint background checks to the authorized tribe that submitted the request.

C. If a name-based background check demonstrates that none of the adults residing in the home where the emergency placement is to be made has been convicted of a disqualifying criminal offense, the authorized tribe may place the child in the home pending the outcome of the fingerprint background check.

D. If an adult refuses to consent to a request by an authorized tribe for name-based and fingerprint background checks, the authorized tribe may not place the child in a home in which the adult resides or, if the child was already placed in the home, the authorized tribe shall immediately remove the child from the home.

E. If an authorized tribe requests name-based and fingerprint background checks pursuant to this section, the authorized tribe may not make an emergency placement or continue an emergency placement in a home in which an adult resident has been convicted of a disqualifying criminal offense.

F. If an emergency placement is denied as a result of a name-based background check of an adult resident and the adult resident contests the denial, the adult resident, within fifteen calendar days after the denial, may submit to the authorized tribe a complete set of fingerprints for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.

G. For the purposes of this section:

"Authorized tribe" means the tribal child safety unit, or its designee, that is responsible for overseeing foster care licensing for an Indian tribe located in this state and that has a valid tribal fingerprint program user agreement with the department of public safety.
"Disqualifying criminal offense" means an offense listed in section 41-1758.07, subsection B or C.
"Emergency placement" means an instance in which an authorized tribe provides protective services and places a child in the home of private individuals, including family, neighbors or friends of the child.

§ 8-829 Judicial determinations; timing; documentation

A. If a child has been removed from the child's home, the court shall make protecting the child from abuse or neglect the first priority and shall make the following determinations within the following time periods:

In the court's first order that sanctions the removal, whether continuation of the child's residence in the home would be contrary to the welfare of the child. This order may be the temporary order that the court issues on the filing of a dependency petition.
At the preliminary protective hearing, whether the department made attempts to identify and assess placement with the child's grandparent or another member of the child's extended family including a person who has a significant relationship with the child.
Within sixty days after the child is removed from the child's home, whether reasonable efforts have been made to prevent removal of the child or whether it was reasonable to make no efforts to prevent removal of the child.
If the child is not placed with a grandparent or another member of the child's extended family including a person who has a significant relationship with the child within sixty days after the child is removed from the child's home, why such placement is not in the best interests of the child. The petitioner has the burden of presenting evidence that such placement is not in the child's best interests at the first court hearing thereafter.
Within twelve months after the child is removed from the child's home and once every twelve months thereafter, whether reasonable efforts have been made to finalize the existing permanency plan.
If the child is under three years of age, within six months after the child is removed from the child's home, whether reasonable efforts have been made to provide reunification services to the parent and whether a parent of a child who is under three years of age has substantially neglected or wilfully refused to participate in reunification services offered by the department.

B. Within one hundred twenty days after the department submits a qualified young adult's signed voluntary agreement to participate in an extended foster care program pursuant to section 8-521.02, the juvenile court shall determine whether the participation is in the qualified young adult's best interest.

C. The court shall make each determination described in subsection A or B on a case-by-case basis and shall set forth in its written order the specific factual basis for each determination. In making its determination, the court shall consider documentation that is reasonably available at the time of the determination.

§ 8-831 Parent's blindness; burden of proof; specific written findings; definitions

A. A court may not do either of the following:

Authorize the removal of a child from the child's home based on the blindness of the child's parent, if it is otherwise in the best interests of the child to remain in the child's home.
Refuse to allow the visitation by or reunification of a parent with a child based on the blindness of the parent, if the visitation or reunification is otherwise in the best interests of the child.

B. If a parent's blindness is alleged to have a detrimental impact on a child, the party who raises the allegation has the burden of proving by clear and convincing evidence that the parent's behavior endangers or is likely to endanger the health, safety or welfare of the child.

C. If the court grants removal of the child or denies or limits the parent's visitation or reunification with the child, the court shall make specific written findings that state the basis of the removal, denial or limitation.

D. For the purposes of this section:

"Blindness" means having either of the following:

(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

"Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.

Article 10 Dependency Determination and Disposition

§ 8-841 Dependency petition; service; preliminary orders; hearing

A. Except as provided in subsection B of this section the department or any interested party may file a petition to commence proceedings in the juvenile court alleging that a child is dependent.

B. An interested party may not file a dependency petition concerning a child who has been adjudicated delinquent and is under the jurisdiction of the juvenile court, who is awaiting delinquency adjudication or disposition or who has been released from the department of juvenile corrections within the previous six months, unless both of the following occur:

The interested party contacts the department pursuant to section 8-455 at least fourteen days before filing the petition and provides the department with notice of the intent to file a petition pursuant to this subsection, the allegations contained in the petition and the factual basis supporting the allegations.
The interested party affirms in the petition that the requirements of paragraph 1 of this subsection have been met.

C. The petition shall be verified and shall contain all of the following:

The name, age and address, if any, of the child on whose behalf the petition is brought.
The names and addresses, if known, of both parents and any guardian of the child.
A concise statement of the facts to support the conclusion that the child is dependent.
If the child was taken into temporary custody, the date and time the child was taken into custody.
Whether the department believes that an aggravating circumstance described in section 8-846, subsection D, paragraph 1 exists.
A statement whether the child is subject to the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963).

D. The person who files the petition shall have the petition and a notice served on:

The parents and any guardian of the child.
The child's guardian ad litem or attorney.
Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.
The department if the petition is filed pursuant to subsection B of this section.

E. The notice shall contain all of the following:

The name and address of the person to whom the notice is directed.
The date, time and place of the hearing on the petition.
The name of the child on whose behalf the petition has been filed.
A statement that the parent or guardian and the child are entitled to have an attorney present at the hearing and that, if the parent or guardian is indigent and cannot afford an attorney and wants to be represented by an attorney, one will be provided.
A statement that the parent or guardian must be prepared to provide to the court at the initial dependency hearing the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.
A statement that the hearing may result in further proceedings for permanent guardianship or to terminate parental rights.
A statement that as a result of the hearing or further proceedings, the parent or guardian could be placed on the central registry of child abuse and neglect.

F. The petition and notice shall be served on a parent or guardian as soon as possible after the petition is filed and at least five days before the initial dependency hearing if the parent or guardian did not attend the preliminary protective hearing. If a parent or guardian does attend the preliminary protective hearing, the petition and notice shall be served at the preliminary protective hearing.

G. Except as provided in subsection H of this section, on the filing of the petition, the court may issue any temporary orders necessary to provide for the safety and welfare of the child.

H. If a petition is filed pursuant to subsection B of this section, the court may not issue any temporary orders with respect to the department, including placing the child in the department's legal or physical custody, joining the department as a party or ordering the department to provide any services to the child or the family, without first conducting a hearing. At the hearing, the court shall take evidence on the request of the department or a party. The court shall provide the department and a party at least seventy-two hours' written or electronic notice of the hearing and an opportunity to be heard as to any proposed orders. If the department is provided proper notice and fails to appear, the court may proceed with the hearing.

§ 8-842 Initial dependency hearing; deadlines

A. Except as provided in section 8-826, the court shall set the initial dependency hearing within twenty-one days after the petition is filed. If service by publication is required, the court may set an initial dependency hearing within a time period to allow for publication pursuant to the rules of procedure for the juvenile court.

B. At the initial dependency hearing, the court shall:

Determine if the parent or guardian is providing the court and the department with the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.
Determine that the department is conducting a due diligence search pursuant to section 8-514.07 and attempting to identify and assess placement of the child with a grandparent or another member of the child's extended family including a person who has a significant relationship with the child.
If the child has siblings, determine that the department is attempting to identify and assess placement of the child with the child's siblings if this is possible and is in the child's best interests.

C. Unless the court has ordered in-home intervention, the dependency adjudication hearing shall be completed within ninety days after service of the dependency petition.

§ 8-843 Initial dependency hearing; rights

A. At any dependency hearing, the court's primary consideration shall be the protection of a child from abuse or neglect.

B. At the initial dependency hearing, the court shall ensure that the parent or guardian has been advised of the following rights:

The right to counsel, including appointed counsel if the parent or guardian is indigent.
The right to trial by the court on the allegations in the petition.
The right to cross-examine all witnesses that are called to testify against the parent or guardian.
The right to use the process of the court to compel the attendance of witnesses.

C. If the parent or guardian admits or does not contest the allegations in the petition, the court shall determine that the parent or guardian understands the rights described in subsection B of this section and that the parent or guardian knowingly, intelligently and voluntarily waives these rights.

D. If the parent or guardian denies the allegations in the petition, the court shall set the settlement conference, pretrial conference or mediation prescribed in section 8-844.

E. The court shall also determine if reasonable efforts were made to prevent or eliminate the need for removal of a child from the child's home and if services are available that would eliminate the need for continued removal. If the child is:

In the custody of the department, the court shall order the department to make reasonable efforts to provide services to the child and parent to facilitate the reunification of the family, except as provided in section 8-846.
Not in the custody of the department and the department is not a party, the court may direct the parties to participate in reasonable services that will facilitate reunification of the family or another permanent plan for the child. The court shall not require the department to provide services pursuant to this paragraph.

F. Notwithstanding any other provision of this section, the court may stay the proceedings and order in-home intervention as provided in article 14 of this chapter.

§ 8-844 Dependency adjudication hearing; settlement conference or mediation

A. Before a contested dependency case proceeds to adjudication, the court shall hold a settlement conference or pretrial conference or shall order mediation. All of the parties in the contested action shall participate in the conference or mediation.

B. The court shall take into consideration as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services.

C. If, at the dependency adjudication hearing, the court:

Finds by a preponderance of the evidence that the allegations contained in the petition are true, the court shall:

(a) Make the following findings as to each parent:

(i) That the court has jurisdiction over the subject matter and the person before the court.

(ii) The factual basis for the dependency.

(iii) That the child is dependent.

(b) Conduct a disposition hearing.

Does not find by a preponderance of the evidence that the allegations contained in the petition are true, the court shall dismiss the petition.

D. The court may adjudicate a child dependent as to one parent or guardian and proceed with a disposition, review or permanency hearing or any other hearing as to that particular parent or guardian notwithstanding another parent's or guardian’s request to contest the allegations in the petition or that another parent or guardian has not been served.

E. The court may hold the disposition hearing on the same date as the dependency adjudication hearing or at a later date that is not more than thirty days after the date of the dependency adjudication hearing.

F. If a parent does not appear at the pretrial conference, settlement conference or dependency adjudication hearing, the court, after determining that the parent has been instructed as provided in section 8-826, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may make a determination of dependency and disposition based on the record and evidence presented as provided in rules prescribed by the supreme court.

G. Evidence considered by the court in making a decision pursuant to this section shall also include any substantiated allegations of abuse or neglect committed in another jurisdiction.

§ 8-844.01 Allegation of aggravating circumstance

At least fifteen days before the disposition hearing, the department shall give written notice to the court and the parties if the department intends to present evidence that an aggravating circumstance described in section 8-846, subsection D, paragraph 1 exists.

§ 8-845 Disposition hearing

A. After receiving and considering the evidence on the proper disposition of the case, the court may place a dependent child in the care of the child's parents, subject to the supervision of the department. If placement with the child's parents is contrary to the child's welfare, the court may place the child as follows in accordance with the child's best interests:

With a grandparent or another member of the child's extended family, including a person who has a significant relationship with the child.
In a licensed foster home.
In an appropriate public or private agency licensed to care for children.
In a suitable school.
In the independent living program established pursuant to section 8-521.
With any adult as a permanent guardian pursuant to article 12 of this chapter.

B. In reviewing the status of the child and in determining its order of disposition, the court shall consider the health and safety of the child as a paramount concern and the following criteria:

The goals of the placement and the appropriateness of the case plan.
The services that have been offered to reunite the family.
If returning the child home is not likely, the efforts that have been or should be made to evaluate or plan for other permanent placement plans.
The efforts that have been made or should be made to place the child with the child's siblings or to provide frequent visitation or contact when placement with siblings has not been possible.

C. The court shall review the permanent plan that has been established for the child. In reviewing the status of the child, the court, insofar as possible, shall seek to reunite the family. If the court does not order reunification of the family, the court shall order a plan of adoption or another permanent plan that is in the child's best interest and that takes into consideration the placement of the child with siblings or that provides for frequent visitation or contact between siblings unless the court determines that either the placement with the siblings or the visitation or contact would be contrary to the child's or a sibling's safety or well-being. If the court finds that an aggravating circumstance described in section 8-846, subsection D, paragraph 1 exists, the department shall file a motion for termination of parental rights within ten business days after the date of the court order, unless termination of parental rights is not in the best interests of the child.

D. Notwithstanding subsection C of this section, reasonable efforts to place a child for adoption may be made concurrently with reasonable efforts to reunify the family.

§ 8-846 Services provided to the child and family

A. Except as provided in subsections D, E and F of this section, if the child has been removed from the home, the court shall order the department to make reasonable efforts to provide services to the child and the child's parent.

B. If the court determines that services supplemental to those provided through the department are available from another source at no cost to this state, the court may order the services on agreement of the provider.

C. The court may employ an individual or individuals to facilitate collaboration between the parties and to ensure the delivery of court-ordered services. An employee acting in that capacity has access to all documents and information necessary to ensure service delivery regarding the child and the child's family without obtaining prior approval from the child, the child's family or the court. The employee may disclose documents and information the employee acquires, reviews or produces only as prescribed pursuant to section 8-807.

D. The court shall consider the following factors in determining whether reunification services are required to be provided. Reunification services are not required to be provided if the court finds by clear and convincing evidence that:

One or more of the following aggravating circumstances exist:

(a) A party to the action provides a verified affidavit that states that a reasonably diligent search has failed to identify and locate the parent within three months after the filing of the dependency petition or the parent has expressed no interest in reunification with the child for at least three months after the filing of the dependency petition.

(b) The parent or guardian is suffering from a mental illness or mental deficiency of such magnitude that it renders the parent or guardian incapable of benefitting from the reunification services. This finding shall be based on competent evidence from a psychologist or physician that establishes that, even with the provision of reunification services, the parent or guardian is unlikely to be capable of adequately caring for the child within twelve months after the date of the child's removal from the home.

(c) The child previously has been removed and adjudicated dependent due to physical or sexual abuse. After the adjudication the child was returned to the custody of the parent or guardian and then subsequently removed within eighteen months due to additional physical or sexual abuse.

(d) The parent or guardian committed an act that constitutes a dangerous crime against children as defined in section 13-705 or caused a child to suffer serious physical injury or emotional injury or the parent or guardian knew or reasonably should have known that another person committed an act that constitutes a dangerous crime against children as defined in section 13-705 or caused a child to suffer serious physical injury or emotional injury.

(e) The parent's rights to another child have been terminated, the parent has not successfully addressed the issues that led to the termination and the parent is unable to discharge parental responsibilities.

(f) After a finding that a child is dependent, all of the following are true:

(i) A child has been removed from the parent or guardian on at least two previous occasions.

(ii) Reunification services were offered or provided to the parent or guardian after the removal.

(iii) The parent or guardian is unable to discharge parental responsibilities.

(g) A child who is currently under six months of age was exposed to a drug or substance as described in section 8-201, paragraph 25, subdivision (c) and both of the following are true:

(i) The parent of the child is unable to discharge parental responsibilities because of a history of chronic abuse of dangerous drugs or controlled substances.

(ii) Reasonable grounds exist to believe that the parent's condition will continue for a prolonged or indeterminate period based on a competent opinion from a licensed health care provider with experience in the area of substance abuse disorders. For the purposes of this item "licensed health care provider" means a physician licensed pursuant to title 32, chapter 13 or 17, a psychologist licensed pursuant to title 32, chapter 19.1, a nurse practitioner licensed pursuant to title 32, chapter 15 whose population foci include psychiatric and mental health or a licensed independent addiction counselor licensed pursuant to title 32, chapter 33.

The parent or guardian of a child has been convicted of a dangerous crime against children as defined in section 13-705, murder or manslaughter of a child, or of sexual abuse of a child, sexual assault of a child, sexual conduct with a minor, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor or luring a minor for sexual exploitation.
The parent or guardian of a child has been convicted of aiding or abetting or attempting, conspiring or soliciting to commit any of the crimes listed in paragraph 2 of this subsection.

E. The court shall consider any criminal prosecution relating to the offenses that led to the child's removal from the home and shall abide by any orders of the criminal court. Information may be provided by law enforcement or the county attorney.

F. If a dependency petition was filed pursuant to section 8-873.01 or 8-874, subsection J, the court may direct the division not to provide reunification services to the child's parents unless the court finds by clear and convincing evidence that these services would be in the child's best interests.

§ 8-847 Periodic review hearings

A. After the disposition hearing, the court shall hold periodic review hearings at least once every six months as required by federal law.

B. At a proceeding to review the disposition orders of the court, the court shall provide the following persons notice of the review and the right to participate in the proceeding:

The authorized agency charged with the child's care and custody.
Any foster parents in whose home the child resided within the last six months or resides at present, except for those foster parents who maintain a receiving foster home where the child has resided for ten days or less. The petitioner shall provide the court with the names and addresses of all foster parents who are entitled to notice pursuant to statute.
A shelter care facility or receiving foster home where the child resides or has resided within the last six months for more than ten days. The petitioner shall provide the court with the names and addresses of all shelter care facilities and receiving foster homes that are entitled to notice pursuant to this paragraph.
The child's parent or guardian unless the parental rights of that parent or guardian have been terminated by court action or unless the parent has relinquished rights to the child to an agency or has consented to the adoption of the child as provided in section 8-107.
The child, if twelve years of age or older.
The child's relative, as defined in section 8-501, if that relative files a written notice of right of participation with the court.
A person permitted by the court to intervene as a party in the dependency proceeding.
A physical custodian of the child within the preceding six months.
Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.
Any other person as the court may direct.

C. At the first periodic review hearing, the court shall consider whether a parent of a child who is under three years of age has substantially neglected or wilfully refused to participate in reunification services offered by the department.

D. At any periodic review hearing, the court shall consider the health and safety of the child as a paramount concern.

E. At any periodic review hearing the court shall determine:

Whether the department has identified and assessed placement of the child with a relative or person who has a significant relationship with the child.
Whether the parent or guardian has complied with the court order pursuant to section 8-824, subsection D, paragraph 6 or section 8-842 subsection B, paragraph 1.

F. If the court finds that a child is no longer dependent, before it dismisses the proceeding the court shall provide notice of the sibling information exchange program established pursuant to section 8-543 to the following:

An adult who is the former dependent child in the proceeding for whom the periodic review hearing is held.
A parent or guardian with legal custody of the former dependent child for whom the periodic review hearing is held.

Article 11 Permanency Determination

§ 8-861 Return of child

After the temporary custody hearing, on request of a parent or guardian the court shall order that the child be returned to the child's parent or guardian if the court finds by a preponderance of the evidence that the return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety. The court shall consider the failure of the parent or guardian to comply with the terms of the case plan as evidence that return of the child would create a substantial risk of harm to the child.

§ 8-862 Permanency hearing

A. The court shall hold a permanency hearing to determine the future permanent legal status of the child:

Within thirty days after the disposition hearing if the court does not order reunification services.
Within six months after a child who is under three years of age is removed from the child's home. The court shall not continue that permanency hearing beyond six months after the child who is under three years of age is removed from the child's home unless the party who is seeking the continuance shows that the determination prescribed in section 8-829, subsection A, paragraph 6 has been made or will be made within the time prescribed in that paragraph.
In all other cases, within twelve months after the child is removed from the child's home. The court shall not continue the permanency hearing beyond twelve months after the child is removed from the child's home unless the party who is seeking the continuance shows that the determination prescribed in section 8-829, subsection A, paragraph 5 has been made or will be made within the time prescribed in that paragraph.

B. At the permanency hearing, the court shall determine:

Whether termination of parental rights, adoption, permanent guardianship pursuant to section 8-872 or some other permanent legal status is the most appropriate plan for the child and shall order the plan to be accomplished within a specified period of time.
Whether reasonable efforts have been made to finalize the permanency plan in effect.
What efforts have been made in the permanency plan to place the child with the child's siblings or to provide frequent visitation or contact, unless the court had already determined that placement with all or any siblings or visitation or contact is not possible or would be contrary to the child's or a sibling's safety or well-being.

C. If the court determines that the child should remain in out-of-home placement longer than eighteen months from the date of the permanency order, the court shall conduct a review of the order at least once each year. After reviewing the order, the court may reaffirm the order or direct other disposition of the child.

D. If the court determines that the termination of parental rights is clearly in the best interests of the child, the court shall:

Order the department or the child's attorney or guardian ad litem to file within ten days after the permanency hearing a motion alleging one or more of the grounds prescribed in section 8-533 for termination of parental rights. The party who files the motion has the burden of presenting evidence at the termination hearing to prove the allegations in the motion.
Set a date for an initial hearing on the motion for termination of parental rights within thirty days after the permanency hearing. If the termination is contested at the initial hearing, the court shall set a date for the trial on termination of parental rights within ninety days after the permanency hearing.

E. The department shall make reasonable efforts to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child.

F. If the court determines that permanent guardianship is clearly in the best interests of the child, the court shall:

Order the department or the child's attorney or guardian ad litem to file within ten days after the permanency hearing a motion alleging the grounds prescribed in section 8-871 for permanent guardianship. The party who files the motion has the burden of presenting evidence at the hearing to prove the allegations in the motion.
Set a date for an initial hearing on the motion for permanent guardianship within thirty days after the permanency hearing. If the permanent guardianship is contested at the initial hearing, the court shall set a date for the trial on the permanent guardianship within ninety days after the permanency hearing.

G. Evidence considered by the court in making a decision pursuant to this section also shall include any substantiated allegations of abuse or neglect committed in another jurisdiction.

H. If the court determines that termination of parental rights or permanent guardianship is clearly in the best interest of the child and the child has been placed in a prospective permanent placement, unless the action is required by federal law, state law or regulation, any action that is inconsistent with the case plan of severance and adoption, including removal of the child from that placement, may occur only by court order or if the prospective permanent placement requests the child's removal. If a motion to change the case plan or for removal of a child is filed, a copy of the motion must be provided to the prospective permanent placement at least fifteen days before a hearing on the motion. If the prospective permanent placement does not appear at a hearing on a motion for removal, the court may not take any action on the motion unless the court finds that good faith efforts were made to provide a copy of the motion to the prospective permanent placement. The prospective permanent placement has the right to be heard in the proceeding. This right does not require that the prospective permanent placement be made a party to the proceeding solely on the basis of that right. This subsection does not apply to any removal pursuant to section 8-456 or 8-821. If the child is an Indian child as defined pursuant to the Indian child welfare act (25 United States Code section 1903), the court and the parties must comply with all applicable requirements of that act. For the purposes of this subsection, a prospective permanent placement includes:

A grandparent or another member of the child's extended family including a person who has a significant relationship with the child.
A person or persons with an expressed interest in being the permanent placement for the child in a certified adoptive home where the child resides, a home that is a permanent placement for a sibling of the child or a licensed family foster home where the child resides.

I. This section does not prevent the department from presenting for the court's consideration a grandparent or another member of the child’s extended family including a person who has a significant relationship with the child and who has not been identified as a prospective permanent placement for the child before the child's placement with a prospective permanent placement.

§ 8-863 Hearing to terminate parental rights; notice; grounds

A. At least ten days before the initial hearing on the termination of parental rights pursuant to this article, the party who is responsible for filing a motion pursuant to section 8-862, subsection D shall serve the motion on all parties as prescribed in rule 5(c) of the Arizona rules of civil procedure, including any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.

B. The court may terminate the parental rights of a parent if the court finds by clear and convincing evidence one or more of the grounds prescribed in section 8-533.

C. If a parent does not appear at the hearing, the court, after determining that the parent has been served as provided in subsection A of this section, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may terminate the parent-child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.

D. Sections 8-538 and 8-539 apply to orders of termination issued pursuant to this section.

§ 8-864 Timing of motions and hearings; consolidation of hearings

Notwithstanding any other statute, the court may order or permit the filing of a motion for termination or permanent guardianship before the permanency hearing is held, consolidate hearings or provide for a different order of hearings if:

The permanency hearing is held no later than the time prescribed in section 8-862, subsection A.
The termination hearing is held no later than the time prescribed in section 8-862, subsection D, paragraph 2.
The permanent guardianship hearing is held no later than the time prescribed in section 8-862, subsection F, paragraph 2.

§ 8-865 Change of judge; procedure; definitions

A. A person who is a party to an action initiated pursuant to this article is entitled to a change of judge for cause on any of the following grounds:

The judge has been engaged as counsel in the matter before appointment or election as a judge.
The judge has an interest in the matter.
The judge is related to either party in the matter.
The judge is a material witness in the matter.
A party has cause to believe and does believe that due to the bias, prejudice or interest of the judge, the judge cannot be fair and impartial.

B. Not less than five days after discovering grounds exist for a change of judge for cause pursuant to subsection A of this section but before the start of a hearing held pursuant to this article, a party may file a motion requesting a change of judge for cause. The motion shall be supported by an affidavit. The affidavit shall contain the specific grounds for the change of judge for cause. A party who requests a change of judge for cause shall provide a copy of the motion for change of judge for cause and the affidavit alleging the specific grounds for the change of judge for cause to all of the parties in the matter and the presiding judge. If the judge named in the motion for change of judge for cause and the affidavit is the judge presiding over the matter, the role of the presiding judge shall be performed by a judge who is designated by the presiding judge.

C. A party waives the right to a change of judge for cause when the party, after learning that grounds exist for a change of judge for cause, allows a contested proceeding initiated pursuant to this article to begin or continue before that judge without objection. Any event that occurs before the discovery that grounds exist for a change of judge for cause does not constitute a waiver of the right to a change of judge for cause. A party may preserve allegations that the party believes may prevent a fair and impartial hearing for an appeal.

D. In any matter brought pursuant to this article, each party has a right to make one request for a change of judge without cause. A party may exercise the right to a change of judge without cause by making a request on the record in open court or by filing a "notice of change of judge" that is signed by the party's attorney or, if the party is self-represented, signed by the party, stating the name of the judge to be changed without cause. A notice of change of judge without cause must be filed not less than five days after notice has been provided to the requesting party that the matter has been assigned to a judge.

E. A party waives the right to a change of judge without cause when the party participates in any contested proceeding before that judge. The waiver applies to all successive petitions or supplemental petitions that are filed regarding the same matter, the same minor or any other minor who has at least one parent in common with that minor and to all proceedings after remand by an appellate court.

F. If the appellate court remands a case that remains assigned to the original judge, the parties have a renewed right to a change of judge without cause. If on remand the case is assigned to a new judge, a party who has not waived a right under subsection E of this section or who has not previously filed a notice of change of judge without cause pursuant to subsection D of this section may file a notice of change of judge not later than ten days after notice has been provided to the party who is requesting a change of judge without cause that a judge has been assigned to the matter.

G. If a party timely files a motion or a notice for a change of judge either for cause or without cause pursuant to this section, the judge named in the motion or notice may take no further action in the matter before the matter is reassigned to another judge, except to make the temporary orders that are necessary to prevent harm to the child that is the subject of the matter.

H. For the purposes of this section:

"Judge" includes:

(a) A judge.

(b) A commissioner.

"Presiding judge" includes the presiding judge's designee.

Article 12 Permanent Guardianship

§ 8-871 Permanent guardianship of a child

A. The court may establish a permanent guardianship between a child and the guardian if the prospective guardianship is in the child's best interests and all of the following apply:

The child has been adjudicated a dependent child or is the subject of a pending dependency petition. If the child has not been adjudicated dependent, all parties have been served pursuant to section 8-872, subsection B and no party objects, the court may grant a permanent guardianship. If the child has not been adjudicated dependent and any party objects to a motion for permanent guardianship, the court may schedule a settlement conference or mediation or may strike the motion and proceed with the dependency petition.
The child has been in the custody of the prospective permanent guardian for at least nine months. The court may waive this requirement for good cause.
If the child is in the custody of the department or agency, the department or agency has made reasonable efforts to reunite the parent and child and further efforts would be unproductive. The court may waive this requirement if it finds one or more of the following:

(a) Reunification efforts are not required by law.

(b) Reunification of the parent and child is not in the child's best interests because the parent is unwilling or unable to properly care for the child.

The likelihood that the child would be adopted is remote or termination of parental rights would not be in the child's best interests.

B. If the child is the subject of a pending dependency petition not filed by the department, the court shall notify the department of the motion for permanent guardianship not later than fourteen court days after the motion is filed, and the department may conduct an investigation into the allegations contained in the dependency petition. The department shall have ten court days from the court's notification to inform the court and parties of its position on the guardianship. If the department objects to the motion, the department may take action necessary to protect the health and safety of the child who is the subject of the guardianship motion, including moving to intervene in the dependency action or filing a separate dependency petition. The department, the agency or a person designated as an officer of the court shall provide a guardianship report pursuant to section 8-872, subsection E to the court not later than ten days following the court's order to provide the report.

C. The court may consider any adult, including a relative or foster parent, as a permanent guardian. An agency or institution may not be a permanent guardian. The court may appoint a person nominated by the child if the child is at least twelve years of age, unless the court finds that the appointment would not be in the child's best interests. The court shall consider the child's objection to the appointment of the person nominated as permanent guardian.

D. In proceedings for permanent guardianship, the court shall give primary consideration to the physical, mental and emotional needs and safety of the child.

E. Unless otherwise set forth in the final order of permanent guardianship, a permanent guardian is vested with all of the rights and responsibilities set forth in section 14-5209 relating to the powers and duties of a guardian of a minor, other than those rights and responsibilities of the birth or adoptive parent, if any, that are set forth in the decree of permanent guardianship.

F. At the guardianship hearing, or by notice filed after the appointment of a permanent guardian or a successor permanent guardian pursuant to section 8-874, the guardian may advise the court as to the identity and contact information of potential successor permanent guardians.

G. The department or agency shall not be responsible for the requirements pursuant to subsection A, paragraph 3 of this section for a petition concerning a child who is not in the care, custody and control of the department or agency.

§ 8-872 Permanent guardianship; procedure

A. Any party to a dependency proceeding or a pending dependency proceeding may file a motion for permanent guardianship. The motion shall be verified by the person who files the motion and shall include the following:

The name, sex, residence and date and place of birth of the child.
The facts and circumstances supporting the grounds for permanent guardianship.
The name and address of the prospective guardian and a statement that the prospective guardian agrees to accept the duties and responsibilities of guardianship.
The basis for the court's jurisdiction.
The relationship of the child to the prospective guardian.
Whether the child is subject to the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963) and if so:

(a) The tribal affiliations of the child's parents.

(b) The specific actions the person who files the motion has taken to notify the parents' tribes and the results of those contacts, including the names, addresses, titles and telephone numbers of the persons contacted. The person shall attach to the motion as exhibits any correspondence with the tribes.

(c) The specific efforts that were made to comply with the placement preferences under the Indian child welfare act of 1978 or the placement preferences of the appropriate Indian tribes.

The name, address, marital status and date of birth of the birth parents, if known.

B. The person who files the motion shall serve notice of the hearing and a copy of the motion on all parties as prescribed in rule 5(c) of the Arizona rules of civil procedure, including any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement. In addition to the requirements of rule 5(c) of the Arizona rules of civil procedure, the notice shall be sent by certified or registered mail, return receipt requested, to any parent, Indian custodian and tribe of an Indian child as defined in the Indian child welfare act of 1978 (25 United States Code section 1903).

C. The person who files the motion shall provide a copy of the notice of hearing to the following persons if the person has not been served pursuant to subsection B of this section:

The child's current physical custodian.
Any foster parent with whom the child has resided within six months before the date of the hearing.
The prospective guardian if the guardian is not the current physical custodian.
Any other person the court orders to be provided notice.

D. The court shall hold the guardianship adjudication hearing within ninety days after the initial guardianship hearing.

E. In a proceeding for permanent guardianship, on the request of a parent, the court shall appoint counsel for any parent found to be indigent if the parent is not already represented by counsel. The court may also appoint one for the child if a guardian ad litem has not already been appointed.

F. Before a final hearing, the department, the agency or a person designated as an officer of the court shall conduct an investigation addressing the factors set forth in section 8-871, whether the prospective permanent guardian or guardians are fit and proper persons to become permanent guardians and whether the best interests of the child would be served by granting the permanent guardianship. The findings of this investigation shall be set forth in a written report provided to the court and all parties before the hearing. The court may require additional investigation if it finds that the welfare of the child will be served or if additional information is necessary to make an appropriate decision regarding the permanent guardianship. The court may charge a reasonable fee for this investigation pursuant to section 8-133, if performed by an officer of the court. The court may waive the requirements of this subsection for good cause.

G. Before the court may appoint a guardian, the court shall require the prospective guardian to furnish either a valid fingerprint clearance card or a full set of fingerprints to enable the court to determine the applicant's suitability as guardian. If the prospective guardian does not submit a valid fingerprint clearance card, the prospective guardian shall submit a full set of fingerprints to the court for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

H. The person who files the motion has the burden of proof by clear and convincing evidence. In any proceeding involving a child who is subject to the Indian child welfare act of 1978, the person who files the motion has the burden of proof by beyond a reasonable doubt.

I. A court order vesting permanent guardianship with an individual divests the birth or adoptive parent of legal custody of or guardianship for the child but does not terminate the parent's rights. A court order for permanent guardianship does not affect the child's inheritance rights from and through the child's birth or adoptive parents.

J. On finding that grounds exist for a permanent guardianship, the court may incorporate into the final order provisions for visitation with the natural parents, siblings or other relatives of the child if this order would be in the child's best interests and any other provision that is necessary to rehabilitate the child or to provide for the child's continuing safety and well-being. The court may order a parent to contribute to the support of the child to the extent it finds the parent is able.

K. On the entry of the order establishing a permanent guardianship, the dependency action shall be dismissed. If the child was in the legal custody of the department during the dependency, the court may order the department to conduct the investigation and prepare the report for the first report and review hearing. If the child was not in the legal custody of the department, the court may order the child's attorney or guardian ad litem to file a report for the report and review hearing. The court shall retain jurisdiction to enforce its final order of permanent guardianship. The court may order a report and shall set a review to be held within one year following the entry of the final order and may set such other and further proceedings as may be in the best interests of the child. Before a report and review hearing, the court may cause an investigation to be conducted of the facts and circumstances surrounding the welfare and best interests of the child and a written report to be filed with the court. The court may charge a reasonable fee for this investigation pursuant to section 8-133, if performed by an officer of the court.

L. The department or agency shall not be responsible for the requirements pursuant to subsections F, J and K of this section for a motion concerning a child not in the care, custody and control of the department or agency.

M. The court shall provide the guardian with written notice of the sibling information exchange program established pursuant to section 8-543.

§ 8-873 Revocation of permanent guardianship

A. The child, a parent of the child, the guardian of the child or any party to the dependency proceeding may file a petition for the revocation of an order granting permanent guardianship if there is a significant change of circumstances, including:

The child's parent is able and willing to properly care for the child.
The child's permanent guardian is unable to properly care for the child.

B. The court shall appoint a guardian ad litem for the child in any proceeding for the revocation of permanent guardianship.

C. The court may revoke the order granting permanent guardianship of a child who previously has been adjudicated a dependent child if the party petitioning for revocation proves a change of circumstances by clear and convincing evidence and the revocation is in the child's best interest. When making this determination, the court shall consider all of the following:

The child's position on the revocation of the guardianship if the child is at least twelve years of age.
The duration of the guardianship and the level of contact between the parent and the child during the guardianship.
Any other relevant factor.

D. The court may revoke the order granting permanent guardianship of a child who has been the subject of a dependency petition but who has not been adjudicated a dependent child and order that the child be returned to the child's parent if all of the following are true:

The child, parent of the child, party to the dependency petition or guardian petitions the court for revocation.
The court finds by clear and convincing evidence that the parent has remedied the grounds alleged in the guardianship motion.
The court finds by clear and convincing evidence that the return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety. When making this determination, the court shall consider all of the following:

(a) The child's position on the revocation of the guardianship if the child is at least twelve years of age.

(b) The duration of the guardianship and the level of contact between the parent and the child during the guardianship.

E. The court may set a case plan of guardianship after revocation of a permanent guardianship even though no successor guardian has been identified if the court has ordered that no reunification services be provided to the child's parent.

§ 8-873.01 Permanent guardianship dependency proceedings; reunification services

A. If a dependency petition is filed on a permanent guardian, the court shall order reunification services in the pending dependency proceeding for the parent whose child was previously adjudicated dependent resulting in the appointment of the permanent guardian if, after receiving notice, the parent meets all of the following:

Is willing to care for the child.
Makes a written or oral request to the court to participate in reunification services at the parent's initial appearance.
Proves by clear and convincing evidence that there has been a significant change of circumstances that indicates that the parent may be able to care for the child and that reunification services are in the child's best interests.

B. If the parent is willing to care for the child and requests to participate in reunification services, the court shall set a hearing to determine if there has been a significant change of circumstances that indicates that the parent may be able to care for the child and if reunification services are in the child's best interests.

C. If the court finds by clear and convincing evidence that there has been a significant change of circumstances that indicates that the parent may be able to care for the child and that reunification services are in the child's best interests, the court shall order the department to provide reunification services to the parent.

§ 8-874 Appointment of successor permanent guardian

A. If a permanent guardian appointed pursuant to section 8-872 is unable or unwilling to continue to serve as permanent guardian, the permanent guardian, the division or an interested party may file a motion for appointment of a successor permanent guardian. The motion shall be verified by the person filing the motion and shall include the following:

The name, sex, address and date and place of birth of each child who is the subject of the motion.
The name and address of the permanent guardian.
The reason why the permanent guardian is no longer able or willing to serve as permanent guardian of the child.
The name and address of the proposed successor permanent guardian, if any.

B. If the motion identifies a proposed successor permanent guardian, the motion shall be accompanied by an affidavit by the proposed successor permanent guardian that states:

The relationship between the proposed successor permanent guardian and the child.
The proposed successor guardian's agreement to assume the duties and responsibilities of permanent guardian, including compliance with all court orders.

C. On the filing of a motion pursuant to subsection A of this section, the court shall:

Set a date for an initial guardianship review hearing within thirty days after the motion is filed.
Appoint an attorney for the child and appoint an attorney for the proposed successor guardian, if necessary. The court is not required to appoint an attorney for the parent of the child.
Enter temporary orders, which may include:

(a) Placing the child in the temporary custody of an individual or agency or the division and directing the division to provide necessary services as may be necessary for the safety and well-being of the child.

(b) Directing the division to complete a criminal records check and home study to determine the suitability of the proposed successor permanent guardian to serve as the permanent guardian of the child.

D. The court shall order the person filing the motion to give notice of the hearing and to provide a copy of the motion together with the court's temporary orders to the permanent guardian, the division, the child's attorney, the child's parents and any other interested person as ordered by the court. The person filing the motion shall provide notice by first class mail unless the court orders that notice be given by other means. If the child is subject to the Indian child welfare act of 1978, the person filing the motion shall provide notice, pursuant to 25 United States Code section 1912, to the Indian parent, the Indian custodian and the child's tribe. If the identity or location of the Indian child's parent cannot be determined, the person filing the motion shall provide notice to the United States secretary of the interior pursuant to 25 United States Code section 1912.

E. If the child is at least twelve years of age, the court shall consider the child's objection to the proposed successor permanent guardian.

F. At the hearing, if the court finds that the proposed successor permanent guardian is suitable to assume the responsibilities of permanent guardian and that appointment would be in the child's best interests, the court shall grant the motion, terminate the appointment of the current permanent guardian and enter any other orders as may be necessary for the safety and well-being of the child, including:

Appointing the proposed successor permanent guardian as a provisional permanent guardian of the child for a period not to exceed nine months and setting a hearing to determine whether the appointment should be made permanent.
Appointing the proposed successor permanent guardian as permanent guardian of the child if the court finds by clear and convincing evidence that the proposed successor permanent guardian is suitable to serve as the child's permanent guardian and that the appointment would be in the child's best interests.
Directing the division to monitor the placement during the period of provisional appointment and to provide necessary services to support the provisional placement, including assisting the provisional permanent guardian to make an application for guardianship subsidy and other available benefits.

G. If the court enters an order appointing a successor permanent guardian, the court shall set a review hearing within one year after the appointment and may order the division or an agency to conduct an investigation and submit a written report before the hearing.

H. A successor permanent guardian is vested with all of the rights and responsibilities prescribed in section 14-5209 relating to the powers and duties of a guardian of a minor, other than those rights and responsibilities of a birth or adoptive parent prescribed in the order appointing the successor permanent guardian.

I. The order appointing the successor permanent guardian may provide for contact between the child and the natural or adoptive parents, siblings and other relatives or kin if contact is in the child's best interests. The court may order the parent to contribute to the support of the child and to pay any costs for visitation to the extent it finds the parent able to contribute.

J. If the motion to appoint a successor permanent guardian does not comply with this section, or if the court does not appoint a provisional or permanent successor permanent guardian, the court may order the department or the child's attorney to file a dependency petition regarding the child and may enter temporary orders that are necessary for the safety and well-being of the child. In these cases, the court may direct the department not to provide reunification services to the child's parent unless the court finds by clear and convincing evidence that there has been a significant change of circumstances that indicates that the parent may be able to care for the child and that reunification services for the parent would be in the child's best interests. The court shall set a hearing to make this determination if, after receiving notice, the parent meets both of the following:

Is willing to care for the child.
Makes a written or oral request to the court to participate in reunification services at the parent's initial appearance.

K. The court may order that the case plan of guardianship remain in place even though no successor guardian has been identified if the court has ordered that no reunification services be provided to the child's parent.

Article 13 Substance Abuse Treatment Assistance

§ 8-882 Program development

In assisting the development of community programs, the department of child safety in partnership with the Arizona health care cost containment system as joint administrators of the program shall consider the following issues:

The determination of eligibility and a screening process to identify:

(a) A parent, guardian or custodian of a child who is named in a report to the department as a victim of abuse or neglect and whose substance abuse is a significant barrier to maintaining, preserving or reunifying the family.

(b) A person whose substance abuse is a significant barrier to maintaining or obtaining employment if the person is receiving cash assistance pursuant to title 46, chapter 2, article 5.

Training and technical assistance to be provided to communities for developing and providing the programs.
Collaboration among and integration with public and private agencies, programs, service providers, advocates and consumers.
Coordination and integration of funding sources to meet prevention, treatment and other service needs.
The scope of services to be provided that are family centered and that fit within the following categories:

(a) Substance abuse screening and assessment.

(b) Treatment referral.

(d) Aftercare.

(e) Service coordination.

(f) Other services necessary to achieve the outcome goals identified in section 8-884.

Procedures for sharing information to ensure the well-being of a child and the person being treated while maintaining confidentiality as otherwise prescribed by statute. These procedures shall include requirements for treatment providers to keep any court timely informed of the nature and status of treatment for a parent, guardian or custodian of a child who is the subject of a dependency action before the court.

§ 8-883 Requirements for contractors

In developing the requirements for contractors who provide prevention and treatment of substance abuse in communities, the department of child safety in partnership with the Arizona health care cost containment system as joint administrators of the program shall:

Prescribe that contractors develop and implement the program through collaboration with representatives of the community served so that services are provided in a comprehensive and integrated manner that is responsive to cultural, demographic and geographic diversity.
Require contractors to specify what outcomes they are addressing, consistent with the requirements prescribed in section 8-884, and how these outcomes will be achieved.
Require contractors to cooperate with the evaluation prescribed in section 8-884.
Prescribe any other requirements necessary to meet the outcome goals identified in section 8-884.

§ 8-884 Evaluation of community programs; annual report

A. In developing the method of evaluating community substance abuse prevention and treatment programs, the department of child safety in partnership with the Arizona health care cost containment system as joint administrators of the program shall prescribe evaluation factors that are consistent with the following outcome goals:

Increase the availability, timeliness and accessibility of substance abuse treatment to improve child safety, family stability and permanency for children in foster care or other out-of-home placement, with a preference for reunification with a child's birth family.
Increase the availability, timeliness and accessibility of substance abuse treatment to persons receiving temporary assistance for needy families to achieve self-sufficiency through employment.
Increase the availability, timeliness and accessibility of substance abuse treatment to promote recovery from alcohol and drug problems.

B. The department of child safety shall retain a person to evaluate the performance of the contractor for each community program according to the factors developed pursuant to subsection A of this section. The person shall report at least every three months to the department and each contractor on the performance of each contractor. Annually by November 1, the person shall prepare and deliver to the legislature a statewide report concerning the prior fiscal year.

Article 14 In-Home Intervention

§ 8-891 In-home intervention

A. After the filing of a dependency petition, the court may order in-home intervention if all of the following are true:

The child has not been removed pursuant to article 9 of this chapter.
In-home intervention appears likely to resolve the risk issues described in paragraph 4 of this subsection.
The parent, guardian or custodian agrees to a case plan and participation in services.
One of the following conditions exists:

(a) The child is at risk of harm due to the inability or unwillingness of the parent, guardian or custodian to provide food, clothing, shelter or medical care.

(b) The parent, guardian or custodian is unable to provide proper care, control and supervision of the child.

B. The in-home intervention order may include a training or treatment plan for the parent, guardian or custodian and the child.

C. The in-home intervention shall include a specific time for completion of the in-home intervention, which shall not exceed one year without review and approval by the court. The court shall dismiss the dependency petition if the specific time for completion of the in-home intervention has expired without being extended by the court and a dependency adjudication hearing has not been set as provided in section 8-892.

§ 8-892 Compliance

If the parent, guardian or custodian violates the in-home intervention order, the court may take whatever steps it deems necessary to obtain compliance or may rescind the order and set the dependency adjudication hearing as provided in sections 8-842 and 8-843.

Chapter 5 Missing Children Reporting

Article 1 General Provisions

§ 8-901 Missing, kidnapped or runaway children; mandatory reporting

A. A law enforcement agency that receives a report of a missing, kidnapped or runaway child shall do all of the following:

Within two hours after receiving the report and all necessary and available information, submit the following information to the Arizona crime information center, the national crime information center computer networks and the national missing and unidentified persons system:

(a) The name, date of birth, sex, race, height, weight and eye and hair color of the child.

(b) A recent photograph of the child, if available.

(d) The category under which the child is reported missing.

Not later than thirty days after the original entry of the record, verify and update the record with any additional information, including, where available, medical and dental records and a photograph taken during the previous one hundred eighty days.
Institute or assist with appropriate search and investigative procedures.
Maintain a close liaison with state and local child welfare systems and the national center for missing and exploited children for the exchange of information and technical assistance in the missing child case.
Grant permission to the national crime information center terminal contractor for this state to update the missing child record in the national crime information center computer networks with additional information that is learned during the investigation and that relates to the missing child.

B. A law enforcement agency that receives a report of a missing, kidnapped or runaway child who is in the foster care system shall notify the national center for missing and exploited children in addition to the entities listed in subsection A of this section.

C. An entry may not be removed from any database or system until the child is found or the case is closed.

Chapter 6 Prohibition on Religious Discrimination

Article 1 General Provisions

§ 8-921 Prohibition on religious discrimination; adoption services and foster care services; enforcement; remedies; definitions

A. State government or any private person who sues under or attempts to enforce a law, rule or regulation that is adopted by this state or a political subdivision of this state may not take any discriminatory action against a person that advertises, provides or facilitates adoption or adoption services or foster care or foster care services on the basis that the person has provided or declines to provide adoption or adoption services or foster care or foster care services based on or in a manner consistent with the person's religious belief or exercise of religion.

B. Notwithstanding subsection A of this section, if a contractor has a religious objection to providing services required by a contract, the contractor shall submit with their contract proposal an alternative approach to meet the services required by the contract. If the contract requires an evidence-based curriculum, the alternative approach must be evidence-based and listed on the appropriate clearinghouse. The contractor may satisfy the contract obligations by collaborating with other contractors to provide services that the contractor objects to providing based on a religious belief or exercise of religion.

C. State government or any private person who sues under or attempts to enforce a law, rule or regulation that is adopted by this state or a political subdivision of this state may not discriminate against a person to whom the state government grants custody of an adopted child or foster child on the basis that the person guides, instructs or raises a child or intends to guide, instruct or raise a child in a manner consistent with the person's religious belief or exercise of religion.

D. Notwithstanding subsection C of this section, when considering placement of a child, state government may consider whether a person shares the same religious belief or exercise of religion with an adopted child or foster child.

E. Notwithstanding any other law, an action under this section may be commenced against the state government except a court, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies. In any action or proceeding to enforce this section, a prevailing party who establishes a violation of this section shall recover reasonable attorney fees.

F. A person may assert a violation of this section as an action or proceeding against the state government except a court in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding whether the action or proceeding is brought by or in the name of the state government or another party.

G. A person may assert an actual or threatened violation of this section as a claim against the state government except a court or as a defense in a judicial or administrative proceeding and may obtain compensatory damages, injunctive relief, declaratory relief or other appropriate relief. A person shall bring a claim for a violation of this section not later than two years after the day the cause of action accrues.

H. This chapter applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether adopted before or after September 24, 2022.

I. For the purposes of this section:

"Adoption or adoption services" or "foster care or foster care services" means social services that are provided to or on behalf of children, including:

(a) Promoting foster parenting.

(b) Providing foster homes, residential care, group homes or temporary group shelters for children.

(d) Placing children in foster homes.

(e) Licensing or certifying foster homes.

(f) Promoting adoption or recruiting adoptive parents.

(g) Assisting adoptions or supporting adoptive families.

(h) Performing or assisting home studies.

(i) Assisting kinship foster care or kinship foster care parents.

(j) Providing family preservation services.

(k) Providing family support services.

(l) Providing temporary family reunification services.

"Contractor" means a person that:

(a) Advertises, provides or facilitates adoption or adoption services.

(b) Advertises, provides or facilitates foster care or foster care services.

"Discriminatory action" means an action taken by state government to do any of the following on the basis of a person's religious belief or exercise of religion:

(a) Alter the tax treatment of, or cause any tax, penalty or payment to be assessed against, or deny, delay, revoke or otherwise make unavailable an exemption from taxation of a person.

(b) Disallow, deny or otherwise make unavailable a deduction for state tax purposes of any charitable contribution that is made to or by a person.

(c) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship or other similar benefit from or to a person.

(d) Withhold, reduce, exclude, terminate, adversely alter the terms or conditions of or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to a person.

(e) Impose, levy or assess a monetary fine, a fee, a penalty, damages or an injunction.

(f) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition or other similar benefit, position or status from or to a person.

(g) Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, adversely alter the terms or conditions of employment or retaliate or take other adverse employment action against a person who is employed or commissioned by state government if the person that is the subject of the adverse employment action has first given notice to their employer of their religious objection.

"Person" means:

(a) A natural person, in his or her individual capacity, or in his or her capacity as a member, officer, owner, volunteer, employee, manager, religious leader, clergy or minister of any entity described in this paragraph.

(b) A religious organization.

(d) A cooperative, venture or enterprise that is composed of two or more individuals or entities described in this paragraph, regardless of nonprofit or for-profit status.

"Religious organization" means:

(a) A house of worship, church, synagogue, shrine, mosque or temple.

(b) A religious group, corporation, association, school or educational institution, ministry, order or society or a similar entity, regardless of whether it is integrated or affiliated with a church or other house of worship.

(c) An officer, owner, employee, manager, religious leader, clergy or minister of an entity or organization described in this subsection.

"State benefit program" means any program that is administered, controlled or funded by this State or by any agent on behalf of this State and that provides cash, payments, grants, contracts, loans or in-kind assistance.
"State government" means:

(a) This State or a political subdivision of this State.

(b) Any agency of this State or a political subdivision of this State, including a department, bureau, board, commission, council or court.

Chapter 13 Early Childhood Development and Health Programs

Article 1 General Provisions

§ 8-1151 Findings and declarations

(Caution: 1998 Prop. 105 applies)

A. The people of Arizona find that:

Early learning experiences directly impact a child's long-term educational success. Research shows that that the majority of a child's brain structure is formed before age three and that the years between birth and kindergarten are when children develop many of their language skills, thought processes, self-confidence, discipline and values.
Health, vision and dental screenings that detect children's health problems early enable them to receive the care they need to grow and thrive.
Children entering school who have had high-quality early childhood developmental experiences, inside the home or in other settings of their parents' choice, are better able to succeed academically and have greater opportunities.
All Arizonans benefit from providing early childhood development opportunities for our children. For children, such efforts give them a healthy start and an opportunity to succeed. For parents, the availability and affordability of quality early childhood development programs helps them retain jobs and earn higher incomes. For taxpayers, early development programs save tax dollars by lowering drop-out rates, reducing crime and cutting the cost of social services.
All Arizona children should begin school with the skills they need for long-term educational and personal success.
For these reasons, the people of Arizona find that providing dedicated funding to improve the quality, accessibility and affordability of early childhood development opportunities in the setting of the parents' choice should be one of the state's top priorities.

B. The people of Arizona therefore declare our intent to provide the necessary coordination and funding for early childhood development and health programs in Arizona that will:

Work with parents, community leaders, local governments, public and private entities and faith-based groups to improve the quality of and increase access to early childhood development programs in communities throughout the state.
Increase access to preventive health programs and health screenings.
Offer parents and families support and education about early child development and literacy.
Recognize the diversity of Arizona communities and give them a voice in identifying programs to address their particular needs.
Provide training and support to early childhood development providers.
Be subject to accountability and audit requirements, including requirements that the success of the board and regional partnerships, as well as the programs they undertake and fund, be measured by outcomes for children and families.

§ 8-1152 Definitions

(Caution: 1998 Prop. 105 applies)

In this chapter, unless the context otherwise requires:

"Board" means the Arizona early childhood development and health board established by this chapter.
"Early childhood development and health programs" means programs and services provided to children prior to kindergarten and their families for the purpose of assisting child development by providing education and other support, including parent and family support programs, child care, preschool, health screenings and access to preventive health services.

Article 2 Regional Partnerships

§ 8-1161 Responsibilities of regional partnership councils

(Caution: 1998 Prop. 105 applies)

A. Each regional partnership council shall identify the assets available for early childhood development and health programs in its region, including opportunities for coordination and use of other available funding sources.

B. Based on that information, each regional partnership council shall identify and prioritize the unmet need for early childhood development and health programs in its region.

C. Each regional partnership council shall submit a report detailing assets, coordination opportunities and unmet needs to the board biannually. The regional partnership council's needs and assets assessment shall be forwarded to the board for final approval no later than September 1 of each even-numbered year, beginning in 2008. The board shall have discretion to approve or reject a council's assessment in whole or in part or to require revisions. The board shall act on all needs and assets assessments no later than October 1 of each even-numbered year, beginning in 2008.

D. Each regional partnership council shall annually develop a regional plan for the expenditure, during the next fiscal year, of funds budgeted by the board pursuant to 8-1184 to meet the needs identified in its region.

A regional funding plan may include programs and services to be conducted by the council directly as well as programs and services to be provided by private, public, governmental and faith-based organizations through funding grants.
A regional funding plan shall include amounts requested, if any, to complete the regional needs and assets assessments required by this section. These needs and assets assessments may be funded with monies from the program account established pursuant to section 8-1181.
Each regional partnership council shall submit its annual regional funding plan to the board for approval no later than January 1 of each year, beginning in 2009. The board shall have discretion to approve or reject a council's plan in whole or in part or to require revisions. The board shall act on all regional funding plans no later than February 1 of each year, beginning in 2009.

E. After its regional plan has been approved by the board, each regional partnership council shall conduct the approved programs directly and/or make the approved grants pursuant to section 8-1173.

F. The board may, on a finding of good cause, approve needs and assets assessments and regional funding plans received after the deadlines set forth in this section, including revised assessments or plans re-submitted in response to board action revising or rejecting a submitted assessment or plan.

G. Each regional partnership council shall increase parents' and providers' access to information about early childhood development and health programs. Methods for meeting this requirement include:

Providing information about the programs and services provided by the board, the council and grant recipients.
Providing information about existing federal, state, local and private sources of funding available to improve the quality of and access to early childhood development and health programs.
Providing support and training for early childhood development and health providers.
Informing providers and parents about licensing and other requirements for early childhood development and health providers.
Fostering cooperation among early childhood development and health providers in order to increase the number of children and families served and improve outcomes for children and families served.

H. Each regional partnership council may solicit private funds from individuals, corporations and foundations to support its efforts to improve the quality of and access to early childhood development and health programs in its region. The board must approve any gifts received in response to council solicitations. Approved gifts shall be deposited into the private gifts account of the early childhood development and health fund pursuant to section 8-1182.

§ 8-1162 Composition of regional partnership councils; reimbursement of expenses; immunity

(Caution: 1998 Prop. 105 applies)

A. Each regional partnership council shall be made up of eleven members who reside or work in the region, including at least:

One parent of a child aged five or younger at the time of their appointment to the council.
One child care provider.
One health services provider.
One public school administrator. For the purposes of this requirement, charter schools established pursuant to title 15 are considered public schools.
One early childhood educator.
One member of the business community.
One representative of the faith community.
One representative of a philanthropic organization.
If an Indian tribe is located in the region, one public official or employee or a tribal government.

B. Members of the regional partnership councils shall be appointed by the board after a public application process and with the input of the regional partnership council.

C. Members of the regional partnership councils shall serve four year terms, to begin and end July 1.

D. Members of the regional partnership council who miss more than three meetings without excuse or resign their membership shall be replaced by the board after a public application process and with the input of the regional partnership council.

E. Council members are not eligible to receive compensation, they are eligible for travel expenses and reimbursement for subsistence pursuant to title 38, chapter 4, article 2. Reimbursement shall be paid from the administrative costs account of the early childhood development and health fund established by section 8-1181 on claims approved by the executive director.

F. Members of the council are immune from personal liability with respect to all acts done and actions taken in good faith within the scope of their authority during duly constituted regular and special meetings with approval of a majority of the council.

§ 8-1163 Staff support for regional partnership councils

(Caution: 1998 Prop. 105 applies)

A. The executive director of the board shall hire regional directors to provide support to regional partnership councils in meeting their responsibilities.

B. With the approval of the board, the executive director may also hire additional regional staff to support the regional partnership councils.

C. A regional director may be responsible for more than one region and a region may be assigned more than one staff person in addition to its director.

§ 8-1164 Designation of regions

(Caution: 1998 Prop. 105 applies)

A. The board shall designate regions covering the entire state, each of which shall have a regional partnership council as provided by this article.

B. When designating regions, the board shall consider existing regional boundaries and organizations, distribution of populations and services and other factors demonstrating relationship or cohesion of persons and organizations within a region.

C. The board shall make initial regional designations no later than December 1, 2007. The board may redesignate regions in its discretion no later than January 15 of any even-numbered year, beginning in 2010.

D. Indian tribes recognized by the federal government with tribal lands located in the state of Arizona may:

Participate in the designated geographical region or regions in which their tribal lands are located.
Elect to have its tribal lands treated as a separate region by the board. If a tribe so elects, it shall inform the board by March 1 of any even-numbered year, beginning in 2008, that it wishes to be treated as a separate region for the next two fiscal years.

Article 3 Programs to Increase the Quality of and Access to Early Childhood Development and Health Services

§ 8-1171 Regional and statewide direct and grant program requirements; permitted objectives

(Caution: 1998 Prop. 105 applies)

Programs undertaken by the board and the regional partnership councils, either directly or through the award of grants, shall accomplish one or more of the following objectives:

Improving the quality of early childhood development and health programs.
Increasing access to quality early childhood development and health programs.
Increasing access to preventive health care and health screenings for children through age five.
Offering parent and family support and education concerning early child development and literacy.
Providing professional development and training for early childhood development and health providers.
Increasing coordination of early childhood development and health programs and public information about the importance of early childhood development and health.

§ 8-1172 Program and grant proposal requirements

(Caution: 1998 Prop. 105 applies)

Grant proposals seeking funding from either the board or a regional partnership council and proposals for programs to be conducted directly by a regional partnership council must include:

A. A detailed description of how the funds will be used.

B. An explanation of how the program will meet one or more of the objectives permitted by section 8-1171.

C. An explanation of how the program will meet the needs identified in the most recent statewide or regional needs and assets assessment prepared pursuant to section 8-1192 or 8-1161.

D. An explanation of how the program has made or will make use of other available resources, including federal, state, local and private monies, to achieve its objectives.

E. A description of the financial controls and accountability measures the program will employ.

F. A description of how the program will evaluate its success in meeting the identified objectives and obtaining outcomes for children and families.

§ 8-1173 Procedures for the award of regional grants

(Caution: 1998 Prop. 105 applies)

A. Upon approval of its regional funding plan by the board, each regional partnership council shall publicize the grants permitted by the plan in the community and encourage the submission of grant proposals from public and private entities in the region for programs to achieve the goals of the authorized grants.

B. Each regional partnership council shall review grant proposals for compliance with the requirements of section 8-1172 and shall select grantees to recommend to the board.

C. In addition to complying with the conflict of interest provisions of title 38, chapter 3, article 8, no regional partnership council member shall vote on, or participate in the discussion of, any grant proposal in which any entity by which they are employed or on whose board they serve has a substantial interest, as defined by section 38-502.

D. Each regional partnership council shall forward to the board all of the grant proposals it has received, along with its recommendations for which grants should be awarded and an explanation of how those grant proposals will comply with the approved regional funding plan. Regional recommendations must be forwarded to the board no later than May 15 of each year, beginning in 2009.

E. The board shall have discretion to approve or reject a regional partnership council's recommendations, in whole or in part. The board shall act on all regional grant proposals no later than June 15 of each year, beginning in 2009.

F. The board may, on a finding of good cause, approve the funding of grant proposals received from a council after the deadlines set forth in this section, including revised recommendations re-submitted in response to board action revising or rejecting a grant recommendation.

G. In evaluating direct program and grant program proposals, the regional partnership council and board must consider:

The extent to which the program will meet needs identified in the most regional and/or statewide needs and assets assessment.
The extent to which the program has made or will make use of other existing resources, including federal, state and private funds, to achieve its objectives.
The overall needs of the region and the state, as identified in the regional and statewide needs and assets assessments.
The adequacy of the means by which the applicant proposes to evaluate the success of the program.
The adequacy of the financial controls and accountability measures proposed by the applicant.

§ 8-1174 Program and grantee accountability

(Caution: 1998 Prop. 105 applies)

A. Within 45 days of the end of the program funding or grant period, all regional partnership councils conducting programs directly and all grant recipients must provide the following information in a form prescribed by the board:

A description of the use of funds.
The number of children and families served by the program.
The percentage of children and families served by the program whose family incomes are no more than 100 percent of the federal poverty guidelines as defined by section 46-801(9).
A detailed accounting of funds.
An assessment of the success of the program in meeting the identified objectives and obtaining outcomes for children using the measures described in the program or grant application pursuant to section 8-1172.

B. Regional grant recipients shall provide the required information to the regional partnership council in their region; the regional partnership council shall forward that information to the board. State grant recipients and regional partnership councils conducting programs directly shall provide the required information directly to the board.

C. The board may, at its discretion, request additional information from regional partnership councils or grant recipients about the funded programs. In addition, all regional partnership council program records and grantee records, including financial records, are subject to review by the board at its discretion at any time during the period that funding is provided and for five years after the funding or grant period has ended.

D. Regional partnership council programs and grant recipients are subject to an independent audit at the discretion of the board at any time during the period funding is provided and for five years after the funding or grant period has ended.

Article 4 Funding Sources and Administration

§ 8-1181 Early childhood development and health fund

(Caution: 1998 Prop. 105 applies)

A. The early childhood development and health fund is established consisting of funds transferred pursuant to subsection D; federal, state, local and private funds accepted by the board pursuant to 8-1182; and any monies appropriated to the board by the legislature. The board shall administer the fund.

B. The early childhood development and health fund is divided into the following accounts: the program account, the administrative costs account, the private gifts account, the grant monies account and the legislative appropriations account.

C. Monies in the program, administrative costs, private gifts and grant monies accounts of the fund are not subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

D. Ninety percent of the monies deposited into the early childhood development and health fund pursuant to section 42-3373 shall be deposited into the program account and ten percent of the monies shall be deposited into the administrative costs account. Administrative costs of the board, including staff compensation, may only be paid from the administrative costs account. Funds may be transferred by the board from the administrative costs account to the program account, but funds may not be transferred from the program account to the administrative costs account. Funds may be transferred by the board from the private gifts account and the grant monies account to the administrative costs account to cover the administrative costs of programs and activities undertaken using gift or grant monies.

E. The board may invest any unexpended monies in the fund as provided in title 35, chapter 2. Interest and other income from investments of monies in any account shall be credited to that account except as otherwise provided by law.

§ 8-1182 Acceptance of gifts and grants; acceptance of federal, state and local monies; use

(Caution: 1998 Prop. 105 applies)

A. The board may accept and spend federal, state and local monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter.

B. Federal, state, or local monies received pursuant to this section shall be deposited in the grant monies account established by section 8-1181 and shall be used in accordance with the conditions placed on those monies by the government making the grant of funds.

C. Private grants, gifts, contributions and devises shall be deposited in the private gifts account established by section 8-1181 and shall be used in accordance with the permissible conditions, if any, placed on the use of those monies by the donor.

§ 8-1183 Prohibition on supplantation of state funds; additional legislative appropriations

(Caution: 1998 Prop. 105 applies)

Program and grant funds distributed under this chapter and other expenditures by the board pursuant to section 8-1192 shall supplement, not supplant, other state expenditures on, and federal monies received for, early childhood development and health programs. This section shall not prohibit the legislature from appropriating money to board programs or vesting the board with authority to spend additional, legislatively appropriated funds on early childhood development and health programs.

§ 8-1184 Budget and funding process

(Caution: 1998 Prop. 105 applies)

A. Upon receipt and approval of the regional partnership councils' needs and assets assessments pursuant to section 8-1161, the board shall begin its annual budgeting process.

B. Beginning in 2008, on or before November 1 of each year the board shall hold a public hearing to adopt a budget for the next fiscal year that includes:

Receipts during the past fiscal year and current fiscal year to date.
Expenditures during the past fiscal year and current fiscal year to date.
Estimates of amounts necessary for expenses during the next fiscal year including amounts proposed for:

(a) Funding of regional plans pursuant to sections 8-1161 and 8-1173.

(b) Statewide grants pursuant to section 8-1192.

(d) Administrative costs of the board and the regional partnership councils.

(e) Expenditure of funds from federal, state, or local grants and/or private gifts, if any.

Anticipated revenue to the board from each source available for expenditure in the next fiscal year.
A complete asset and liability statement.
Cash on hand as of the date the budget is adopted and the anticipated balance at the end of the current fiscal year.
An itemized statement of commitments, reserves and anticipated obligations for the next fiscal year.

C. The board may amend the budget on a finding of good cause.

§ 8-1185 Allocation of funds

(Caution: 1998 Prop. 105 applies)

A. Of the monies expended in a fiscal year from the program account of the early childhood development and health fund established by section 8-1181, no more than ten percent may be used to fund statewide grants or programs undertaken directly by the board pursuant to section 8-1192.

B. Of the monies in the program account used to fund approved regional plans in a fiscal year, thirty-five percent must be provided to fund regional plans based on the population of children aged five and younger in the region. Forty percent must be provided to fund regional plans based on the population of children aged five and younger in the region whose family income does not exceed one hundred percent of the federal poverty guidelines as defined by section 46-801(9). The remaining twenty-five percent may be used to fund regional programs without consideration of regional population. For the purpose of this section, the board shall estimate population based on available information and using a method chosen at its discretion.

§ 8-1186 Annual audit

(Caution: 1998 Prop. 105 applies)

A. The board shall cause an annual financial audit to be conducted of each of the board's funds, accounts and subaccounts by an independent certified public accountant within one hundred twenty days after the end of the fiscal year.

B. The board shall immediately file a certified copy of the audit with the auditor general. The auditor general may make such further audits and examinations as necessary and may take appropriate action relating to the audit or examination pursuant to title 41, chapter 7, article 10.1. If the auditor general takes no further action within thirty days after the audit is filed, the audit is considered to be sufficient.

C. The board shall pay negotiated and approved fees and costs of the certified public accountant and auditor general under this section from the administrative costs account of the early childhood development and health fund established by section 8-1181.

Article 5 Early Childhood Development and Health Board

§ 8-1191 Members; appointment; terms; oath; immunity

(Caution: 1998 Prop. 105 applies)

A. The Arizona early childhood development and health board consists of nine appointed members and, as non-voting ex officio members, the superintendent of public instruction, the director of the department of health services and the director of the department of economic security. The non-voting ex officio members may designate a member of their departmental staff responsible for early childhood development and health issues to participate as their representative.

B. Appointed members shall be appointed by the governor pursuant to section 38-211. The term of each appointed member is six years, to begin and end on the third Monday in January.

C. Appointments to the board shall meet the following criteria:

Appointed members shall have demonstrated interest and/or experience in early childhood development and health.
The appointed members of the board shall include residents of at least four different counties.
No more than four appointed members of the board may be residents of the same county.
No more than four appointed members of the board may be registered members of the same political party.
No appointed members of the board may have a substantial interest in the provision of early childhood education services, as that term is defined by Arizona's conflict of interest law, section 38-502.

D. Each appointed member of the board shall take the oath of office before entering upon the duties of the member's office.

E. Members of the board are immune from personal liability with respect to all acts done and actions taken in good faith within the scope of their authority during duly constituted regular and special meetings with approval of a majority of the board.

§ 8-1192 Powers and duties

(Caution: 1998 Prop. 105 applies)

A. The early childhood development and health board shall:

Conduct a biannual assessment of existing early childhood development and health programs in the state of Arizona, including an analysis of any unmet early childhood development and health needs of Arizona children; utilization of available federal, state and private funds; suggestions for improved program coordination; and outcomes for children and families. The board shall submit a report of its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives on or before December 15 of every odd-numbered year beginning in 2007 and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records. The report shall be distributed in accordance with section 41-4153.
Review and approve the biannual regional needs and assets assessments prepared pursuant to section 8-1161.
Administer the distribution of funds from the early childhood development and health fund established by section 8-1181 for programs and grants in accordance with the provisions of sections 8-1161 and 8-1173.
Prepare an annual report describing the activities of the board, including a description of funds distributed and spent pursuant to sections 8-1161, 8-1173 and 8-1192 and a description of the outcomes for children and families achieved by the board, the regional partnership councils, and the grant recipients. The board shall submit the report to the governor, the president of the senate and the speaker of the house of representatives on or before September 15 of each year, beginning in 2008, and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records. The report shall be distributed in accordance with section 41-4153.
Solicit private funds from individuals, corporations and foundations to support improving quality of and access to early childhood development and health opportunities for Arizona children. Solicited funds shall be deposited into the private gifts account of the early childhood development and health fund pursuant to section 8-1182 and may be spent on statewide or regional grants or direct programs.
Keep a record of its own proceedings.
Adopt procedures for its meetings and elect officers.
Coordinate with other agencies involved with early childhood development and health issues.

B. The early childhood development and health board may:

Authorize expenditure of funds from the early childhood development and health fund established by section 8-1181 for programs and services to enhance the quality of or access to early childhood development and health opportunities for Arizona children. These funds may be used to operate programs and services provided directly by the board, to fund statewide grant programs, or to fund regional or local grants to test innovative early childhood development and health programs.
Authorize expenditure of funds from the grant monies and private gifts accounts for programs and services to enhance the quality of or access to early childhood development and health opportunities for Arizona children.
Adopt rules pursuant to title 41, chapter 6 to carry out this chapter.
Contract with any private party and enter into interagency and intergovernmental agreements pursuant to title 11, chapter 7, article 3 with any public agency.
Sue and be sued.
Hire staff and consultants, including legal counsel.

§ 8-1193 Public record, open meeting, and conflict of interest laws

(Caution: 1998 Prop. 105 applies)

The Arizona early childhood development and health board and the regional partnership councils are public agencies. They are therefore subject to:

The open meeting law, title 38, chapter 3, article 3.1
The public records law, title 39, chapter 1.
The conflict of interest law, title 38, chapter 3, article 8.

§ 8-1194 Meetings; travel expenses

(Caution: 1998 Prop. 105 applies)

A. The board shall hold at least six regular meetings annually at times it directs. Special meetings may be held on the call of the presiding officer.

B. Members of the board are not eligible to receive compensation but are eligible for travel expenses and reimbursement for subsistence pursuant to title 38, chapter 4, article 2. Reimbursement shall be paid on claims approved by the executive director from the administrative costs account of the early childhood development and health fund established by section 8-1181.

§ 8-1195 Executive director compensation; duties; regional and board staff; central office; expenditure of funds

(Caution: 1998 Prop. 105 applies)

A. The board shall appoint and set the compensation of the executive director.

B. The executive director is responsible for managing, administering and supervising the activities of the board's staff, including regional directors and staff hired pursuant to section 8-1163.

C. The executive director shall appoint and set the compensation of:

Regional directors and staff as authorized by the board pursuant to section 8-1163.
Additional board staff necessary to perform the duties specified by this chapter.

D. The executive director, regional directors, regional staff and other board staff are eligible to receive compensation pursuant to section 38-611 and are public employees for purposes of title 38. Their compensation may only be paid from the administrative costs account established by section 8-1181.

E. The executive director shall establish, equip and maintain a central office and such field offices as the executive director deems necessary.

F. The executive director or his designee shall authorize all expenditures of money under this chapter, which shall be paid as other claims against this state out of the early childhood development and health fund established by section 8-1181.