SB 1496 — DCS; policies; procedures

H.

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

1.

A delinquency or incorrigibility proceeding when requested by the juvenile court.

2.

Any other juvenile proceeding that is conducted pursuant to this title if the board of supervisors authorizes the appointment of the public defender.

F.

I.

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.

J.

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 THE CHILD'S 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.

Sec.

2.

If the department of child safety determines that a child is eligible or may be eligible for federal benefits,- the2 department- ofS.B. child safety shall apply for the benefits on behalf of the child.

1496 benefits, the department of child safety shall apply for the benefits on behalf of the child.

-5. 1 - S.B.

1496 5.

6.- 3 - S.B.

1496 6.

2.3.

If a child is taken into temporary custody, as part of the ongoing search, the department shall use due diligence in an initial -search 2to -identify S.B.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.

1496 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.

5.- 4 - S.B.

1496 5.

-2. 3 - S.B.

1496 2.

E.- 5 - S.B.

1496 E.

-(a) 4The -names S.B.of adult relatives of the child or persons with a significant relationship with the child who were considered for an interstate placement.

1496 (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.

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- receiving6 state- pursuantS.B. to the terms of the interstate compact agreement.

1496 the receiving state pursuant to the terms of the interstate compact agreement.

4.

Section 8-529, Arizona Revised Statutes, is amended to read:

8-529.

Children in foster care and kinship foster care;

rights A.

A child in foster care and OR kinship foster care has the following rights:

1.

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.

2.

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.

4.

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 THE PLACEMENT, VISITATION OR CONTACT is in the best interest of the child.

5.

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.

6.

Whenever possible, to be placed with a foster family that can accommodate the child's communication needs.

7.

To be disciplined in a manner that is appropriate to the child's level of maturity and not be subjected to physical discipline methods.

8.

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.

9.

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.

10.

To training in personal care, hygiene and grooming.

11.

To clothing that fits comfortably and is adequate to protect the child against natural elements such as rain, snow, wind, cold and sun.

12.

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.

13.

To personal space, preferably in the child's foster home bedroom for storing clothing and belongings.

- 7 - S.B.

1496 14.

To healthy foods in healthy portions that are appropriate for the child's age.

15.

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.

16.

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.

17.

To be represented by an attorney in all proceedings initiated pursuant to this title.

18.

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.

19.

To attend the child's court hearing and speak to the judge.

20.

To have the child's records and personal information kept private and discussed only when it is about the child's care, except THAT the foster parent shall have full access to the records to determine if WHETHER 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.

21.

To receive IMMEDIATE AND UNBIASED medical, dental, vision and mental health services and to be informed about diagnoses and treatment options as is developmentally appropriate.

22.

To be free of unnecessary or excessive medication.

23.

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.

24.

To report a violation of personal rights specified in this section without fear of punishment, interference, coercion, INTIMIDATION 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.

A FOSTER PARENT, A KINSHIP CAREGIVER, A FOSTER HOME, A GROUP FOSTER HOME, A GROUP HOME OR AN EMPLOYEE, CONTRACTOR OR AGENT OF A HOME OR FACILITY WHERE A CHILD WHO IS IN THE CARE OF THE DEPARTMENT IS PLACED MAY NOT TAKE, THREATEN OR CAUSE RETALIATORY ACTION AGAINST A CHILD BECAUSE THAT CHILD REPORTS A SUSPECTED VIOLATION OF PERSONAL RIGHTS PURSUANT TO THIS PARAGRAPH OR PARTICIPATED IN AN INQUIRY OR INVESTIGATION OF A VIOLATION OF PERSONAL RIGHTS AND THE CHILD MADE THE REPORT OF A VIOLATION OF PERSONAL RIGHTS OR PARTICIPATED IN AN INQUIRY OR INVESTIGATION OF A VIOLATION OF PERSONAL RIGHTS IN GOOD FAITH OR WITH A - 8 - S.B.

1496 REASONABLE BELIEF THAT THE REPORT OF A VIOLATION OF PERSONAL RIGHTS WAS TRUE.

FOR THE PURPOSES OF THIS PARAGRAPH, "RETALIATORY ACTION":

(a) MEANS AN ACTION OR OMISSION THAT WOULD DETER A REASONABLE CHILD OF SIMILAR AGE AND CIRCUMSTANCES FROM MAKING A REPORT OF A VIOLATION OF PERSONAL RIGHTS PURSUANT TO THIS PARAGRAPH AND THAT MATERIALLY ADVERSELY AFFECTS ANY OF THE FOLLOWING FOR A CHILD:

(i) PLACEMENT.

(ii) SERVICES.

(iii) EDUCATION.

(iv) MEDICAL OR BEHAVIORAL HEALTH CARE.

(v) PRIVILEGES.

(vi) VISITATION OR CONTACT.

(vii) ANY OTHER CONDITIONS OF PLACEMENT.

(b) INCLUDES:

(i) INITIATING, REQUESTING, RECOMMENDING OR CAUSING A DISRUPTION IN PLACEMENT, TRANSFER OR CHANGE IN LEVEL OF CARE OR SUPERVISION, INCLUDING A REFERRAL TO A HIGHER LEVEL OF CARE, WITHOUT DOCUMENTED, NONRETALIATORY JUSTIFICATION.

(ii) DENYING, RESTRICTING, DELAYING OR CONDITIONING PRIVILEGES, NORMAL ACTIVITIES, VISITATION OR CONTACT, RECREATION, PARTICIPATION IN EDUCATION, SERVICES OR OPPORTUNITIES TO WHICH THE CHILD IS OTHERWISE ENTITLED.

(iii) IMPOSING DISCIPLINARY OR CORRECTIVE ACTION OR MORE RESTRICTIVE CONDITIONS NOT BASED ON CONTEMPORANEOUS DOCUMENTED CONDUCT THAT IS NOT RELATED TO A REPORT OF A VIOLATION OF A CHILD'S PERSONAL RIGHTS.

(iv) KNOWINGLY MAKING, CAUSING OR ENCOURAGING ANOTHER PERSON TO MAKE A FALSE, FRAUDULENT OR MATERIALLY MISLEADING STATEMENT, INCIDENT REPORT, ALLEGATION OR RECORD ABOUT THE CHILD TO RELEVANT AUTHORITIES.

(v) ALTERING, DESTROYING OR CONCEALING RECORDS OR EVIDENCE THAT IS RELATED TO A REPORT OF A VIOLATION OF A CHILD'S PERSONAL RIGHTS.

25.

To be informed in writing of the name, address, telephone number and purpose of the Arizona protection and advocacy system for disability assistance.

26.

TO VOLUNTARILY PARTICIPATE IN ENRICHMENT ACTIVITIES.

27.

TO BE FREE OF BULLYING OR DISCRIMINATION.

26.

28.

To understand and have a copy of the rights listed in this section.

B.

A child WHO IS in foster care or kinship foster care AND who is at least fourteen years of age has the following rights:

1.

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.

2.

To a transition plan that includes career planning and assistance with enrolling in an educational or vocational job training program.

- 9 - S.B.

1496 3.

To be informed of educational opportunities, including information regarding assistance and funding for postsecondary and vocational education.

4.

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.

5.

To request a court hearing for a court to determine if WHETHER the child has the capacity to consent to medical care that is directly related to an illness, disease, deformity or other physical malady.

6.

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 WHETHER the child is responsible and mature enough to become a licensed driver.

7.

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.

8.

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 HOMES and group FOSTER 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:

1.

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.

2.

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 THE COURT'S discretion to promote the best interest of the child.

E.

The rights provided in this section do not establish an independent cause of action.

- 10 - S.B.

1496 Sec.

5.

-(g) 5(vii) -The S.B.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.

1496 (g) (vii) 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.

(e)- (v)11 The- child'sS.B. guardian or guardian ad litem.

1496 (e) (v) The child's guardian or guardian ad litem.

-E. 6 - S.B.

1496 E.

The written document shall specify the- notifications12 and- documentationS.B. sent to individuals and departments pursuant to the requirements of this section.

1496 the notifications and documentation sent to individuals and departments pursuant to the requirements of this section.

-10. 7 - S.B.

1496 10.

(d)- Any13 individuals- whoS.B. have received notice pursuant to subsection B, paragraph 3 of this section.

1496 (d) Any individuals who have received notice pursuant to subsection B, paragraph 3 of this section.

If the -department 8failed -to S.B.make the notifications with WITHIN 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.

1496 department failed to make the notifications with WITHIN 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.

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,- or14 their- successorS.B. committees, a report that includes all of the following:

1496 committee, or their successor committees, a report that includes all of the following:

-3. 9 - S.B.

1496 3.

O.- 15 - S.B.

1496 O.

4.6.

-D. 10 - S.B.

1496 D.

F.- 16 - S.B.

1496 F.

-J. 11 - S.B.

1496 J.

6.- 17 - S.B.

1496 6.

-M. 12 - S.B.

1496 M.

N.- 18 - S.B.

1496 N.

5.7.

-Sec. 13 -

8.

Representation of children;

report;

requirements;

delayed repeal;

definition A.

Each county office that employs attorneys who are appointed to represent children in dependency proceedings or termination of parental rights proceedings pursuant to title 8, chapter 4, Arizona Revised Statutes, shall submit a report to the governor, the speaker of the house of representatives and the president of the senate on or before January 15, 2027.

The report shall be compiled by month for the period of June 1, 2026 through December 31, 2026 and shall include all of the following:

1.

The number of attorneys in each county office who are representing children in dependency proceedings or termination of parental rights proceedings.

2.

The average number of children who are being represented by each attorney.

3.

The range of the number of dependency or termination of parental rights cases that are assigned to each county office.

4.

The number of children who are assigned to each county office by case plan goal.

5.

The number and percentage of children who are contacted in person by their appointed attorney, categorized by the age of the child.

6.

The number and percentage of children who are contacted by electronic means by their appointed attorney, categorized by the age of the child and the type of electronic means that was used to contact the child.

7.

The number and percentage of children who are contacted in person by another member of the child's legal team, including a social worker or other appropriately trained support staff, categorized by age and the position of the person who contacted the child.

8.

The number and percentage of children who are contacted by electronic means by another member of the child's legal team, including a social worker or other appropriately trained support staff, categorized by age, the position of the person who contacted the child and the electronic means that was used to contact the child.

9.

The number and percentage of preverbal children whose placement is contacted, either in person or by electronic means, by the child's appointed attorney, categorized by the means that was used to contact the child's placement.

- 19 - S.B.

1496 10.

The number of preverbal children whose placement is contacted, either in person or by electronic means, by another member of the child's legal team, including a social worker or other appropriately trained support staff, categorized by the position of the person who contacted the child's placement and the means that was used to contact the child's placement.

B.

This section is repealed from and after June 30, 2027.

C.

For the purposes of this section, "electronic means" includes:

1.

Telephone calls.

2.

Video calls.

3.

Email.

4.

Text messages.

APPROVED BY THE GOVERNOR JUNE 19, 2026.

FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 22, 2026.

- 20 -