HB2035 - DCS; kinship care placement; requirement

Senate Engrossed House Bill DCS; kinship care placement; requirement State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026 CHAPTER 76 HOUSE BILL 2035 AN ACT amending sections 8-501, 8-514.03, 8-514.07, 8-529, 8-801, 8-824 and 8-842, arizona revised statutes; relating to child welfare and placement. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Section 8-501, Arizona Revised Statutes, is amended to read: START_STATUTE 8-501. Definitions A. In this article, unless the context otherwise requires: 1. "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. 2. "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 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 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. 3. "Division" or "department" means the department of child safety. 4. "extended family member" means an adult person who has a connection to a child by marriage to a biological family member or adopted family member of the child. 4. 5. "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. 5. 6. "Foster child" means a child placed in a foster home or child welfare agency. 6. 7. "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. 7. 8. "Foster parent" means any individual or individuals maintaining a foster home. 8. 9. "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. 9. 10. "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. 10. 11. "Parent" means the natural or adoptive mother or father of a child. 11. 12. "Reason for leaving care" means one of the following: (a) Reunification with a parent or primary caretaker. (b) Living with another relative. (c) Adoption by a 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. 12. 13. "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. 13. 14. "Regular foster home" means a licensed foster home that is suitable for placement of not more than five minor children. 14. 15. "Relative" means a grandparent, great-grandparent, brother or sister of whole or half blood, aunt, uncle or first cousin. 15. 16. "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 that restricts the movement or normal function of a child in order to control or change the child's behavior and that includes: (i) a 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) a 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 allow the child to participate in activities in order to reduce the risk of physical harm to the child. (iii) a 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 allow 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. 16. 17. "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. END_STATUTE Sec. 2. Section 8-514.03, Arizona Revised Statutes, is amended to read: START_STATUTE 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 presume the placement of the child with the child's relative, an extended family member or a person with a significant relationship with the child for kinship foster care is in the best interest of the child . 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 why the department determined the placement in kinship foster care is not in the best interest of the child , 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: 1. 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. 2. 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 applying for financial services 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: 1. Family assessment. 2. Case management. 3. Child day care. 4. Housing search and relocation. 5. Parenting skills training. 6. Supportive intervention and guidance counseling. 7. Transportation. 8. Emergency services. 9. Parent aid services. 10. Respite services. 11. Additional services that the department determines are necessary to meet the needs of the child and family. END_STATUTE Sec. 3. Section 8-514.07, Arizona Revised Statutes, is amended to read: START_STATUTE 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 , extended family members 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 , extended family members or persons with a significant relationship with the child must include: 1. An interview with the child's parent. 2. An interview with the child. 3. Interviews with identified adult relatives or extended family members . 4. Interviews with other persons who are likely to have information regarding the location of adult relatives of the child , extended family members or persons with a significant relationship with the child. 5. 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. (c) Child support enforcement records. (d) Utility accounts. (e) Previous residential addresses. (f) Law enforcement records. (g) State department of corrections records. 6. Thorough inquiries by the court of the parties during case hearings. 7. Any other means the department deems likely to identify adult relatives of the child , extended family members 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 , extended family members 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 written notice to adult relatives of the child , extended family members 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: 1. Specify that the child has been or is being removed from the child's parental custody. 2. Explain the options an adult relative of the child , an extended family member or a person with a significant relationship with the child has to participate in the care or placement of the child. 3. Explain that financial assistance and other forms of support are available to adult relatives of the child , extended family members and persons with a significant relationship with the child with whom the child is placed. 4. 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. 5. Require an adult relative of the child , an extended family member 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 , extended family member or person with a significant relationship with the child or the child is placed with an adult relative , extended family member 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 , extended family members 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: 1. The completed due diligence search efforts. This documentation shall include: (a) The names of and relevant information about adult relatives of the child , extended family m [Text truncated for display. 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