SB 1604 — DCS; misconduct; temporary custody; removal

3.

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.

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.

E.

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.

- 1 - SB 1604 F.

IN ADDITION TO THE CONSIDERATIONS PRESCRIBED IN SUBSECTION E OF THIS SECTION, BEFORE THE DEPARTMENT REMOVES A CHILD FROM THE HOME WITHOUT THE CONSENT OF THE PARENT OR GUARDIAN OF THE CHILD, THE DEPARTMENT SHALL CONSIDER WHETHER THE FAMILY CAN BE PROVIDED EMERGENCY ASSISTANCE OR AN OPPORTUNITY TO RECTIFY THE NONLIFE-THREATENING ISSUES OF NEGLECT IN A REASONABLE AMOUNT OF TIME TO ALLOW THE CHILD TO REMAIN SAFELY AT HOME.

NONLIFE-THREATENING ISSUES OF NEGLECT INCLUDE PRESENCE OF FECES, UNDISPOSED GARBAGE OR EXPOSED WIRING AND ACCESS TO DANGEROUS OBJECTS OR HARMFUL SUBSTANCES THAT PRESENT A SUBSTANTIAL RISK OF HARM.

IF THE DEPARTMENT DETERMINES THAT THE CHILD CANNOT BE LEFT SAFELY AT HOME UNDER CURRENT CONDITIONS, THE DEPARTMENT SHALL CONSIDER WHETHER THE FAMILY CAN BE PROVIDED EMERGENCY ASSISTANCE TO:

1.

ALLOW THE PERSON ALLEGED TO HAVE CREATED THE CONDITIONS OF NEGLECT TO LEAVE THE HOME SO OTHER FAMILY MEMBERS MAY PROVIDE THE CHILD PROTECTION.

2.

PLACE THE CHILD WITH ANOTHER RELATIVE OR FRIEND WHO CAN PROVIDE TEMPORARY CARE SO THAT THE COURT INTERVENTION IS NOT NECESSARY.

3.

ALLOW THE CHILD AND CAREGIVER TO LEAVE THE RESIDENCE OF THE PERSON ALLEGED TO HAVE CREATED THE CONDITIONS OF NEGLECT.

4.

FACILITATE VOLUNTARY FOSTER CARE PLACEMENT.

F.

G.

A person who takes a child into custody because an exigent circumstance described in subsection K L , paragraph 2 of this section exists shall immediately 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 examination the person shall release the child to the custody of the parent or guardian of the child unless the examination reveals abuse.

Temporary custody of a child taken into custody because an exigent circumstance described in subsection K L, paragraph 2 of this section exists shall not exceed twelve hours.

G.

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.

H.

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.

I.

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.

J.

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.

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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:

1.

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.

2.

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.

Sec.

3.

Section 8-822, Arizona Revised Statutes, is amended to read:

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:

1.

Determine the circumstances under which it is appropriate to remove a child from the custody of the child's parents, guardian or custodian.

2.

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 and risk assessment tools 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:

1.

The child safety worker who is recommending the removal submits the reasons for removal and supporting information to the worker's supervisor.

2.

The worker's supervisor reviews the reasons and supporting information and approves the removal.

D.

If an emergency EXIGENT CIRCUMSTANCE AS DEFINED IN SECTION 8-821 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.

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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.

Sec.

4.

Section 8-823, Arizona Revised Statutes, is amended to read:

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:

1.

The parent or guardian is present when the child is taken into custody, then written and verbal notice shall be provided immediately.

2.

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.

3.

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:

1.

Specific reasons as to why the child is being removed.

The notice shall list the specific factors that caused the determination of imminent danger.

2.

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.

3.

The date and time of the taking into custody.

4.

The name and telephone number of the agency responsible for the child.

5.

A statement of the reasons for temporary custody of the child.

6.

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 pursuant to BECAUSE AN EXIGENT CIRCUMSTANCE DESCRIBED IN section 8-821, subsection D K, paragraph 2 EXISTS must be returned within twelve hours unless abuse or neglect is diagnosed.

7.

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 - 4 - SB 1604 provided a written notice no 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.

8.

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.

9.

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.

10.

A statement that the hearing may result in further proceedings to terminate parental rights.

11.

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.

12.

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.

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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.

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