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Arizona Criminal Court Case Records

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					2008 Policy Changes




                      1
Why are there policy changes?
  The Arizona Legislature passed
  11 new bills in the 2008 session
      directly affecting CPS.




                                     2
                  2008 Bills
• HB 2453 - Open Court      • HB 2633 – Non-
  Proceedings                  interference w/school
• HB 2454 – CPS Records     • HB 2764 – Successor
• HB 2455 – Joint              Permanent Guardian
  Investigation Protocols   • SB 1441 – Expedited
• HB 2594 – Court Orders       Permanency
• HB 2599 – Missing Child   • SB 1442 – Potential
• HB 2601 – Short-term         Relative Caregiver Notice
  Caregivers                All bills can be found at:
• HB 2602 – Criminal        http://www.azleg.gov/Bills.a
  Records                      sp

                                                       3
                  2008 Bills
• HB 2453 - Open Court      • HB 2633 – Non-
  Proceedings                  interference w/school
• HB 2454 – CPS Records     • HB 2764 – Successor
• HB 2455 – Joint              Permanent Guardian
  Investigation Protocols   • SB 1441 – Expedited
• HB 2594 – Court Orders       Permanency
• HB 2599 – Missing Child   • SB 1442 – Potential
• HB 2601 – Short-term         Relative Caregiver Notice
  Caregivers                All bills can be found at:
• HB 2602 – Criminal        http://www.azleg.gov/Bills.a
  Records                      sp

                                                       4
      Short-Term Caregivers
• Foster parents can now have another adult caregiver
  provide short-term care for a child in foster care. The
  new law allows foster parents to use their “reasonable
  judgment” in selecting short-term caregivers for children
  in foster care without having to notify CPS for approval in
  advance.
   – Foster parents are to notify the CPSS before the care exceeds
     24 hours in a non-emergency situation and before the care
     exceeds 72 hours in an emergency situation.
   – Foster parents caring for a child with DD or who is medically
     fragile or a child receiving treatment foster care shall use the
     alternative care plan approved by the department if the foster
     parent must leave the child in the care of another person.


                                                                        5
                          HB 2601
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:
• 1. Use reasonable judgment in the foster parent's choice of an adult
   to provide the care.
• 2. Notify the department case manager before the care exceeds
   twenty-four hours, in a nonemergency situation.
• 3. 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.


                                                                          6
School Non-Interference
              CPS is now required to
              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,
              visitation or activities
              not related to school



                                         7
                  HB 2633
8-527. Children in out-of-home care;
  noninterference with regular school activities
• The agency or division 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
 Children Under 3 Years of Age
• Permanency Hearing will now be held within 6 months of the
  child’s removal from the home.
• CPS is to inform the parent of a child under 3 at the time of
  removal that:
    A Permanency Hearing will be held within 6 months of the
      child’s removal from the home; and
    Substantially neglecting or willfully refusing to participate in
      reunification services may result in a court order to
      terminate parental rights at the Permanency Hearing.




                                                                    9
  Potential Relative Placements
• Court is now required
  during the Preliminary
  Protective Hearing to
  inform a potential
  relative of the right to
  be heard in any
  proceeding to be held
  with respect to the
  child.



                                  10
    Criminal History Information
• Criminal history information shall be requested for:
   – the parent,
   – the non-custodial parent, and
   – all other adults living in the home where the abuse or
     neglect occurred.
• Criminal history cannot be secondarily disseminated
• Criminal history information must be shredded when no
  longer needed for the purposes of investigating and
  responding to the report.



                                                          11
   Joint Investigation Protocols
• Joint investigative protocols guide the
  investigation of child abuse or neglect involving
  a criminal conduct allegation.
• “Extremely Serious Conduct Allegation” is now
  “Criminal Conduct Allegation”
• CPS must notify and coordinate with the
  appropriate law enforcement agency when a
  report alleges a criminal conduct allegation.


                                                      12
     Joint Investigation Protocols
              (continued)
• CPS must consult the appropriate joint
  investigative protocols when developing a
  strategy to initiate and complete the
  investigation.
• When law enforcement is unable to respond
  jointly within the department’s response
  timeframes, CPS should explain to the law
  enforcement agency that CPS must proceed to
  ensure child safety, and then proceed.

                                                13
      Joint Investigation Protocols
               (continued)
• CPS staff must protect the child’s rights as a victim of crime.
• Among these rights is the right to be treated with fairness,
  respect, and dignity, and to be free from intimidation,
  harassment, or abuse, throughout the criminal justice
  process.
• CPS staff must protect the child’s rights by not allowing the
  alleged abusive person, or any other person to threaten,
  coerce, or pressure the child victim, or to be present during
  interviews, family meetings, or other departmental actions
  with the child victim.




                                                                    14
                  Missing Child
• Provides a new tool to
  assist in locating a child
  when:
   – CPS has determined
     child is at serious risk
     of harm, and
   – CPS has made
     reasonable efforts to
     locate the child
• Child and adult will be
  entered into Arizona and
  National Missing Person
  Databases

                                  15
                Court Orders
• CPS is now required to make a good faith effort to
  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.
• CPS must ask the parent, guardian or custodian
  under investigation if any order exists.
• Limited information will be provided on “wants,”
  “warrants,” “orders of protection” and “injunctions”
  as part of the DPS criminal record checks.


                                                         16
               Child Fatalities &
              Child Near Fatalities
• Clarification was provided to the field for the identification and
  documentation of child fatalities and child near fatalities
  resulting from abuse and neglect.
• In a fatality or near fatality (caused by abuse or neglect), the
  department is required to release preliminary information to
  the public and will do so on its website on all fatality and near
  fatality cases caused by abuse or neglect.
• Upon request, DES will provide additional CPS information.
  DCYF Central Office and the PIO will be immediately notified
  when a request for information in a fatality or near fatality
  case is received.


                                                                   17
                 Open Court
• All court proceedings related to dependent children,
  permanent guardianship and termination of parental
  rights are open to the public.
• The court may close all or part of any hearing.




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                      Open Court
                      (continued)
In determining whether to recommend a proceeding be closed to
   the public, consider the following:
• 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, and
• if the child is at least twelve years of age and a party to the
   proceeding, the child's wishes.



                                                                19
         Successor Permanent
            Guardianship
• Successor Permanent Guardians may now be
  appointed when a permanent guardians is
  unable or unwilling to continue to serve as
  permanent guardian.




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     For additional information:
Contact:
Linda Johnson, Policy & Legislative Analysis
  Manager, at 602-542-2358, or at
  LindaJohnson@azdes.gov

Jacob Schmitt, Permanency & Youth Services
  Manager, at 602-542-2295, or at
  JSchmitt@azdes.gov



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