Arizona Revised Statutes Title 8 - Child Safety
Chapter 1 ADOPTION
Article 1 General Provisions
- § 8-101 Definitions
In this article, unless the context otherwise requires: 1. " Adult" means a person eighteen years of age or older. 2. " Agency" or...
- § 8-102 Who May Be Adopted
Except as provided in title 14, chapter 8, only a child, or a foreign-born person who is twenty-one years of age or less and...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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: 1. The...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 8-126 Licensure And Regulation Of Agencies
The division shall: 1. License agencies on an annual basis subject to renewal. Before issuing a license, the division shall investigate the activities of...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 8-134 Confidential Intermediary
A. Any of the following persons may use the services of a confidential intermediary who is listed with the court: 1. The adoptive parents...
- § 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,...
Article 2 Adoption Subsidies
Article 3 Nonrecurring Adoption Expenses
- § 8-161 Definitions
In this article, unless the context otherwise requires: 1. " Application" means the completion of the department application form with documentation of the child's...
- § 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...
- § 8-163 Eligibility
A. Parents who have adopted a child with special needs may apply to the department of economic security for reimbursement of the nonrecurring 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 eligible child. B. The department...
- § 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...
- § 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...
Article 4 Interstate Adoption Assistance Compacts
Chapter 2 JUVENILE COURT
Article 1 General Provisions
- § 8-201 Definitions
In this title, unless the context otherwise requires: 1. " Abandoned" means the failure of the parent to provide reasonable support and to maintain...
- § 8-201.01 Prohibitions
Notwithstanding any other provision of this chapter or chapter 4, articles 8, 9, 10, 11, 12, 13 and 14 of this title: 1. A...
- § 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...
- § 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...
- § 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...
- § 8-204 Termination Of Appointment; Hearing; Notice
A. The director of juvenile court services shall serve at the pleasure of the presiding judge of the juvenile court. B. In counties which...
- § 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...
- § 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...
- § 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...
- § 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: 1. Referrals involving delinquent acts,...
- § 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 enter into an agreement for the use...
Article 2 General Procedure
Article 3 Juvenile Hearings
Article 4 Disposition and Commitment
- § 8-241 Fees On Disposition
A. Notwithstanding section 8-243, the juvenile court shall order the parent of a juvenile to pay a fee of not less than fifty dollars...
- § 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,...
- § 8-243 Liability Of Parents To Bear Expense; Exception
A. The supreme court shall administer the activities, including providing the cost of services, for children who are referred to the juvenile court as...
- § 8-243.01 Deposit Of Child Support Assessment Monies
If a child, the child's estate or guardian, any other person or a parent of a child in the custody of the department of...
- § 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...
- § 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...
- § 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...
- § 8-246 Jurisdiction; Length Of Commitment; Placement; Assessment
A. When jurisdiction of a juvenile has been acquired by the juvenile court, the juvenile shall continue under the jurisdiction of the juvenile court...
- § 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...
- § 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...
Article 5 Family Counseling Programs
Article 6 Children's Mental Health Services
Article 8 Juvenile Competency
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: 1. By transfer of a case from another court as...
- § 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...
- § 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...
- § 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...
- § 8-305 Detention Center; Jail; Separate Custody
A. The county board of supervisors or the county jail district, if authorized pursuant to title 48, chapter 25, shall maintain a detention center...
- § 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...
- § 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...
- § 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...
- § 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...
Article 2 Delinquency and Alcohol Offense Complaints and Hearings
Article 3 Disposition and Committment
- § 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: 1. It may...
- § 8-341.01 Residential Treatment Services
A. If at a disposition hearing or a subsequent hearing the court orders a delinquent juvenile or incorrigible child to receive residential treatment services,...
- § 8-342 Commitment Of Child; Medical Examination
A. A child who is any of the following shall not be committed or awarded to the department of juvenile corrections: 1. Adjudicated delinquent...
- § 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...
- § 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...
- § 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....
- § 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...
- § 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...
- § 8-348 Setting Aside Adjudication; Application; Release From Disabilities; Exceptions
A. Except as provided in subsections C and D of this section, a person who is at least eighteen years of age, who has...
- § 8-349 Destruction Of Juvenile Records; Electronic Research Records
A. A person who has been referred to juvenile court may apply for destruction of the person's juvenile court and department of juvenile corrections...
- § 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...
- § 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...
- § 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...
Article 4 Juvenile Intensive Probation
Article 5 Interstate Compact for Juveniles
Article 6 Educational Rehabilitation
- § 8-371 Educational Rehabilitation
A. Juveniles who are subject to the supervision of a probation officer pursuant to an order of the juvenile court, or who are otherwise...
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: 1. A misdemeanor...
- § 8-382 Definitions
In this article, unless the context otherwise requires: 1. " Accused" means a juvenile who is referred to juvenile court for committing a delinquent...
- § 8-383 Implementation Of Rights And Duties
A. Except as provided in sections 8-385 and 8-386, the rights and duties that are established by this article arise on the arrest or...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 8-386.01 Issuance And Execution Of Arrest Warrants
A. Beginning on the effective date of this section, on the issuance of an arrest warrant, the court issuing the warrant shall state in...
- § 8-387 Notice Of Terms And Conditions Of Release
On the request of the victim, the juvenile court or the department of juvenile corrections shall provide a copy of the terms and conditions...
- § 8-388 Notice Of Diversion
If an accused is accepted into a diversion program pursuant to section 8-321, the court administering the program shall give the victim notice of...
- § 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...
- § 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...
- § 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...
- § 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...
- § 8-392.01 Notice Of Right To Request Not To Receive Committed Youth Mail
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...
- § 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...
- § 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...
- § 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...
- § 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 court shall notify the victim of any of...
- § 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 court or the department of juvenile corrections, whichever has supervision of the accused...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 8-413 Victim's Right To Privacy; Exception; 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...
- § 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....
- § 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...
- § 8-416 Standing To Invoke Rights; Recovery Of Damages; Right To Counsel
A. The victim has standing to seek an order, to bring a special action or to file a notice of appearance in an appellate...
- § 8-417 Construction Of Article
This article shall be liberally construed to preserve and protect the rights to which victims are entitled.
- § 8-418 Implementation Fee; Definition
A. For all juveniles adjudicated delinquent for offenses involving a victim, including those who are adjusted pursuant to section 8-321, the court or in...
- § 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...
- § 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...
- § 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...
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...
- § 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....
- § 8-453 Powers And Duties
A. The director shall: 1. Carry out the purposes of the department prescribed in section 8-451. 2. Provide transparency by being open and accountable...
- § 8-454 Department Organization
A. The director shall organize the department to best implement the following functions: 1. Receiving, analyzing and efficiently responding to reports of possible abuse...
- § 8-455 Centralized Intake Hotline; Purposes; Report Of Possible Crime; Report For Investigation; Risk Assessment Tools; Access To Information; Public Awareness; Definition
A. The department shall operate and maintain a centralized intake hotline to protect children by receiving at all times communications concerning suspected abuse or...
- § 8-456 Investigative Function; Training; Criminal Offenses; Definition
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:...
- § 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...
- § 8-458 Inspections Bureau; Monitoring And Evaluation; Quality Assurance Process
A. The director shall establish an inspections bureau to do both of the following: 1. Ensure that department policies and procedures are being followed...
- § 8-459 Community Advisory Committee; Duties; Membership
A. The community advisory committee is established to provide a community forum: 1. To inform the department, analyze current law and policy and make...
- § 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...
- § 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...
- § 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...
- § 8-463 Department Of Child Safety Employees; 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...
- § 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...
- § 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...
Article 2 Criminal Conduct Allegation Investigations
Article 3 Healthy Families Program
Article 4 Child Welfare and Placement
- § 8-501 Definitions
A. In this article, unless the context otherwise requires: 1. " Child welfare agency" or " agency" : (a) Means: (i) Any agency or...
- § 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...
- § 8-503 Powers And Duties
A. The division shall: 1. Exercise supervision over all child welfare agencies. 2. Advise and cooperate with the governing boards of all child welfare...
- § 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 sections 8-243.01 and 8-807. Subject...
- § 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...
- § 8-505 Issuance Of Licenses; Application; Investigation; Renewal
A. The issuance of initial and renewal licenses for child welfare agencies shall be made by the division. B. A child welfare agency shall...
- § 8-506 Denial, Suspension Or Revocation Of License; Foster Home; Hearing
The division may deny the application or suspend or revoke the license of any foster home for wilful violation of any provision of this...
- § 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...
- § 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...
- § 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,...
- § 8-509 Licensing Of Foster Homes; Renewal Of License; Provisional License; Exemption From Licensure; Immunization Requirements
A. The division shall license and certify foster homes. Licenses are valid for a period of two years. B. The division shall not issue...
- § 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,...
- § 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,...
- § 8-512 Comprehensive Medical And Dental Care; Guidelines
A. The department shall provide comprehensive medical and dental care, as prescribed by rules of the department, for each child who is: 1. In...
- § 8-513 Participation In Activities; Contact With Relatives; Placement With Siblings
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...
- § 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...
- § 8-514.01 Placement Of Children With Developmental Disabilities
All foster placements of children with developmental disabilities made by the division shall be made to child developmental foster homes for children with developmental...
- § 8-514.02 Placement With Parent Or Relative
A. The department may place a child with a parent or relative. B. Unless approved in writing by the department, the parent or relative...
- § 8-514.03 Kinship Foster Care; Requirements; Investigation; Report
A. The department shall establish kinship foster care services for a child who has been removed from the child's home and is in the...
- § 8-514.04 Kinship Care Program; Requirements
A. The kinship care program is established in the department. The program shall: 1. Streamline, expedite and coordinate existing services and referrals. 2. Preserve...
- § 8-514.05 Foster Care Provider 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...
- § 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...
- § 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...
- § 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...
- § 8-515.03 Duties Of Local Foster Care Review Boards
Local foster care review boards shall: 1. Review within six months of placement and at least once every six months thereafter the case of...
- § 8-515.04 State Foster Care Review Board; Members; Personnel; Training Programs; Compensation
A. The state foster care review board is established within the supreme court consisting of seven persons who have knowledge of the problems of...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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,...
- § 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...
- § 8-521 Independent Living Program; Conditions; Eligibility; Rules; Case Management Unit; Reports
A. The department or a licensed child welfare agency may establish an independent living program for youths who are the subject of a dependency...
- § 8-521.01 Transitional Independent Living Program
A. The department may establish a transitional independent living program for persons who meet the following qualifications: 1. The person is under twenty-one years...
- § 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 to be the guardian ad...
- § 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...
- § 8-524 Special Advocate Fund
A. The court appointed special advocate fund is established consisting of monies received pursuant to section 5-568. The fund is subject to annual legislative...
- § 8-525 Open Court Proceedings; Closure; Records
A. Except as otherwise provided pursuant to this section, court proceedings relating to dependent children, permanent guardianship and termination of parental rights are open...
- § 8-526 Child Welfare; Reporting Requirements
A. The department shall compile the following information on a semiannual basis ending March 31 and September 30 of each year: 1. The total...
- § 8-527 Children In Out-Of-home Care; Noninterference With Regular School Activities
(L11, Ch. 253, sec. 1. Eff. until 7/1/16) The agency, division and department of health services in accordance with section 36-3435, subsection B, shall...
- § 8-527; Version 2 Children In Out-Of-home Care; Noninterference With Regular School Activities
(L15, Ch. 195, sec. 1. Eff. 7/1/16) The agency, division and Arizona health care cost containment system administration in accordance with section 36-3435, subsection...
- § 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...
- § 8-529 Children In Foster Care; Rights
A. A child in foster care has the following rights: 1. To appropriate care and treatment in the least restrictive setting available that can...
- § 8-530 Foster Parents; Rights
A. A foster parent in this state has the following rights: 1. To be treated with consideration and respect for the foster parent's personal...
Article 5 Termination of Parent-Child Relationship
- § 8-531 Definitions
In this article, unless the context otherwise requires: 1. " Abandonment" means the failure of a parent to provide reasonable support and to maintain...
- § 8-531.01 Prohibition
Nothwithstanding any other provision of this chapter, no child who in good faith is being furnished christian science treatment by a duly accredited practitioner...
- § 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...
- § 8-533 Petition; Who May File; Grounds
A. Any person or agency that has a legitimate interest in the welfare of a child, including, but not limited to, a relative, a...
- § 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...
- § 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...
- § 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...
- § 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. The general public shall be...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
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...
- § 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...
- § 8-548.02 Interstate Compact Administrator
Pursuant to the compact the governor shall designate the director of the state department of economic security as the compact administrator. The compact administrator,...
- § 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...
- § 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...
- § 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,...
- § 8-548.06 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...
Article 7 Funding of Child Abuse Prevention and Treatment Programs
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: 1. " Child safety...
- § 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...
- § 8-803 Limitation Of Authority; Duty To Inform
A. On initial contact with a parent, guardian or custodian under investigation pursuant to this article, a child safety worker shall inform the family,...
- § 8-804 Central Registry; Notification
A. The department shall maintain a central registry of reports of child abuse and neglect that are substantiated and the outcome of the investigation...
- § 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...
- § 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...
- § 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...
- § 8-807 Dcs Information; Public Record; Use; Confidentiality; Violation; Classification; Definition
A. DCS information shall be maintained by the department as required by federal law as a condition of the allocation of federal monies to...
- § 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...
- § 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...
- § 8-810 Missing Children; Notification; Entry Into Databases
A. If the department receives a report made pursuant to section 13-3620 or receives information during the course of providing services that indicates a...
- § 8-811 Hearing Process; Definitions
A. The department shall notify a person who is alleged to have abused or neglected a child that the department intends to substantiate the...
- § 8-812 Child Safety Expedited Substance Abuse Treatment Fund
A. The child safety expedited substance abuse treatment fund is established consisting of monies appropriated by the legislature. The department shall administer the fund....
- § 8-813 Preplacement Investigation; Medical Examination; Disposition
A. On the initial out-of-home placement of a child: 1. The division or a licensed child welfare agency shall conduct an investigation of the...
- § 8-814 Permanent Guardianship Subsidy; Offsets; Discontinuation; Annual Review; 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...
- § 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...
- § 8-816 Family Builders Program; Services; Program Termination; 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...
- § 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...
- § 8-818 Child Safety Services; Financial And Program Accountability
A. The department, the office of strategic planning and budgeting and the joint legislative budget committee shall develop a financial and program accountability reporting...
- § 8-819 Determination Of Neglect
In determining if a child is neglected, consideration shall be given to: 1. The drug or alcohol abuse of the child's parent, guardian or...
Article 9 Removal of Child
Article 10 Dependency Determination and Disposition
Article 11 Permanency Determination
Article 12 Permanent Guardianship
Article 13 Substance Abuse Treatment Assistance
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: 1. The child...
- § 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...
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: 1. Early learning experiences directly impact a child's long-term educational success. Research...
- § 8-1152 Definitions
(Caution: 1998 Prop. 105 applies) In this chapter, unless the context otherwise requires: 1. " Board" means the Arizona early childhood development and health...
Article 2 Regional Partnerships
Article 3 Programs to Increase the Quality of and Access to Early Childhood Development and Health Services
Article 4 Funding Sources and Administration
Article 5 Early Childhood Development and Health Board
Last modified: October 13, 2016