<font color="red"><font size="3"><b>WELCOME TO FAMILIES AGAINST CORRUPTION FIGHTING CPS IN THE STATE OF ARIZONA!</b><br />
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COUNTIES OF ARIZONA:<br />
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<font color="red"><font size="3">TIS SUCH A GRAND STATE WHEN THEY NEED YOUR CHILDREN FOR MONEY ?? <font color="red"><font color="red"><br /></font><br /></font><br /></font></font><br />
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<div class="xg_module_head"><h2>ARIZONA STATUTES AND LAWS:</h2></div>
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<a href="http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch">http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch</a><br />
<br />
Child Abuse and Neglect<br />
Child Witnesses to Domestic Violence<br />
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To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.<br />
Circumstances That Constitute Witnessing<br />
Citation: Rev. Stat. § 13-702(C)<br />
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[In criminal law] An act of domestic violence, as defined in § 13-3601(A), that was committed in the presence of a child will be considered an aggravating circumstance.<br />
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Consequences<br />
Citation: Rev. Stat. § 13-702(C)<br />
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An act of domestic violence committed in the presence of a child is considered an aggravating circumstance when determining a sentence, and may result in a longer period of incarceration.<br />
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Clergy as Mandatory Reporters of Child Abuse and Neglect<br />
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To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.<br />
Citation: Ariz. Rev. Stat. Ann. § 13-3620(A)-(B) (LexisNexis through 2006 Reg. Sess.)<br />
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Any...member of the clergy, priest, or Christian Science practitioner...who reasonably believes that a minor is or has been the victim of injury, abuse, child abuse, a reportable offense, or neglect...shall immediately report or cause a report to be made...<br />
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A member of the clergy, Christian Science practitioner, or priest who has received a confidential communication or a confession in that person's role as a member of the clergy, Christian Science practitioner, or priest in the course of the discipline enjoined by the church to which the member of the clergy, Christian Science practitioner, or priest belongs may withhold reporting of the communication or confession if the member of the clergy, Christian Science practitioner, or priest determines that it is reasonable and necessary within the concepts of the religion. This exemption applies only to the communication or confession and not to the personal observations the member of the clergy, Christian Science practitioner, or priest may otherwise make of the minor.<br />
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Cross-Reporting Among Responders to Child Abuse and Neglect<br />
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To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.<br />
Ariz. Rev. Stat. Ann. § 13-3620(H) (LexisNexis through 2007 1st Reg. Sess.)<br />
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When telephone or in-person reports are received by a peace officer, the officer shall immediately notify child protective services in the Department of Economic Security and make the information available to them. Notwithstanding any other statute, when child protective services receives these reports by telephone or in person, it shall immediately notify a peace officer in the appropriate jurisdiction.<br />
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Definitions of Child Abuse and Neglect<br />
<br />
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.<br />
Physical Abuse<br />
Citation: Rev. Stat. §§ 8-201; 13-3623<br />
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Abuse means inflicting or allowing the infliction of physical injury, impairment of bodily function, or disfigurement.<br />
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The term abuse includes circumstances in which a child is permitted to enter or remain in any structure or vehicle in which volatile, toxic, or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug. A violation under this section does not require that a person have care or custody of the child.<br />
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Neglect<br />
Citation: Rev. Stat. § 8-201<br />
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Neglect or neglected means the inability or unwillingness of a parent, guardian, or custodian of a child to provide that child with supervision, food, clothing, shelter, or medical care if that inability or unwillingness causes substantial risk of harm to the child's health or welfare.<br />
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Sexual Abuse<br />
Citation: Rev. Stat. § 8-201<br />
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Abuse shall include:<br />
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* Inflicting or allowing sexual abuse<br />
* Sexual conduct with a minor<br />
* Sexual assault<br />
* Molestation of a child<br />
* Commercial sexual exploitation of a minor<br />
* Sexual exploitation of a minor<br />
* Incest<br />
* Child prostitution<br />
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Emotional Abuse<br />
Citation: Rev. Stat. § 8-201<br />
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Abuse means the infliction of or allowing another person to cause serious emotional damage to the child, as evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior, and such emotional damage is diagnosed by a medical doctor or psychologist, and the damage has been caused by the acts or omissions of an individual having care, custody, and control of a child.<br />
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Abandonment<br />
Citation: Rev. Stat. § 8-201<br />
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Abandoned means:<br />
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* The failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision<br />
* That a parent has made only minimal efforts to support and communicate with the child<br />
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Failure to maintain a normal parental relationship with the child without just cause for a period of 6 months shall constitute prima facie evidence of abandonment.<br />
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Standards for Reporting<br />
Citation: Rev. Stat. § 8-201<br />
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A report is required when a responsible person:<br />
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* Inflicts or allows another person to inflict injury on a child<br />
* Is unable or unwilling to protect the child<br />
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Persons Responsible for the Child<br />
Citation: Rev. Stat. § 8-201<br />
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Responsible persons include:<br />
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* The parent<br />
* A person having care, custody, and control of a child<br />
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Exceptions<br />
Citation: Rev. Stat. § 8-201<br />
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A dependent child does not include a child who, in good faith, is being furnished Christian Science treatment by a duly accredited practitioner.<br />
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A child is not considered neglected if a parent's inability to meet the needs of the child is due solely to the unavailability of reasonable services.<br />
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Definitions of Domestic Violence<br />
<br />
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.<br />
Defined in Domestic Violence Civil Laws<br />
Citation: Rev. Stat. § 36-3001<br />
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''Domestic violence'' means attempting to cause or causing bodily injury to a family or household member or placing a family or household member by threat of force in fear of imminent physical harm.<br />
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Defined in Child Abuse Reporting and Child Protection Laws<br />
Citation: Rev. Stat. §§ 8-801; 13-604.01<br />
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[In civil law; effective 6-24-08] In this chapter, unless the context otherwise requires, ''criminal conduct allegation'' means an allegation of conduct by a parent, guardian, or custodian of a child that, if true, would constitute any of the following:<br />
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* A violation of § 13-3623 involving child abuse<br />
* A felony offense that constitutes domestic violence, as defined in § 13-3601<br />
* Sexual abuse or assault of a minor<br />
* Sexual conduct with a minor or molestation of a child<br />
* Any other act of abuse that is classified as a felony<br />
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[In criminal law] ''Dangerous crime against children'' means any of the following that is committed against a minor who is under age 15:<br />
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* Second degree murder<br />
* Aggravated assault resulting in serious physical injury or involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument<br />
* Sexual assault<br />
* Molestation of a child<br />
* Sexual conduct with a minor<br />
* Sexual exploitation or commercial sexual exploitation of a minor<br />
* Child abuse, as described in § 13-3623(A)(1)<br />
* Kidnapping<br />
* Sexual abuse<br />
* Taking or luring a child for the purpose of prostitution or child prostitution<br />
* Involving or using minors in drug offenses<br />
* Continuous sexual abuse of a child<br />
* Attempted first degree murder<br />
* Sex trafficking<br />
* Manufacturing methamphetamine under circumstances that cause physical injury to a minor<br />
* Bestiality<br />
* Unlawful age misrepresentation<br />
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Defined in Criminal Laws<br />
Citation: Rev. Stat. § 13-3601<br />
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''Domestic violence'' means any act that constitutes one of the following offenses:<br />
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* A dangerous crime against children<br />
* Endangerment<br />
* A threatening or intimidating act<br />
* Assault<br />
* Custodial interference<br />
* Unlawful imprisonment or kidnapping<br />
* Criminal trespass<br />
* Criminal damage<br />
* Interfering with judicial proceedings<br />
* Disorderly conduct<br />
* Use of a telephone to terrify, intimidate, threaten, harass, annoy, or offend<br />
* Harassment<br />
* Aggravated harassment<br />
* Stalking<br />
* Surreptitious photographing, videotaping, or filming<br />
* Child or vulnerable adult abuse<br />
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Persons Included in the Definition<br />
Citation: Rev. Stat. §§ 13-3601; 36-3001<br />
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[In criminal law] An act listed above is considered domestic violence if any of the following applies:<br />
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* The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.<br />
* The victim and the defendant have a child in common.<br />
* The victim or the defendant is pregnant by the other party.<br />
* The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother, or sister, or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.<br />
* The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.<br />
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[In civil law] ''Family or household member'' means a spouse, a former spouse, a parent, a child, or other adult person related by consanguinity or affinity who is residing or has resided or has a child or children in common with the person committing the domestic violence and dependents of such persons.<br />
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Disclosure of Confidential Child Abuse and Neglect Records<br />
<br />
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.<br />
Confidentiality of Records<br />
Citation: Rev. Stat. § 8-807<br />
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Child Protective Services (CPS) information shall be maintained by the department as required by Federal law.<br />
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Persons or Entities Allowed Access to Records<br />
Rev. Stat. § 8-807<br />
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If there is a reasonable need for the CPS information, the department may provide the information to:<br />
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* A Federal, State, Tribal, county, or municipal agency<br />
* A county attorney<br />
* A school<br />
* A community or contract service provider or any other person providing services<br />
* A court<br />
* A party in a dependency or termination of parental rights proceeding or the party's attorney<br />
* The foster care review board<br />
* A court-appointed special advocate<br />
* A person who is the subject of the information<br />
* A person who is conducting bona fide research<br />
* The parent, guardian, or custodian of a child if the information is reasonably necessary to promote the safety, permanency, and well-being of the child<br />
* Federal or State auditors<br />
* Persons conducting any accreditation deemed necessary by the department<br />
* A standing committee of the legislature or a committee appointed by the President of the Senate or the Speaker of the House of Representatives for purposes of conducting investigations related to the legislative oversight of the Department of Economic Security<br />
* A legislator who is responsible for oversight of the enabling or appropriating legislation to carry out these functions<br />
* A citizen review panel, a child fatality review team, and the Office of Ombudsman-Citizen's aide<br />
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The department shall provide the person who conducts a forensic medical evaluation with any records the person requests, including social history and family history regarding the child, the child's siblings, and the child's parents or guardians.<br />
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The department shall provide CPS information on request to a prospective adoptive parent, foster parent, or guardian, if the information concerns a child the prospective adoptive parent, foster parent, or guardian seeks to adopt or provide care for.<br />
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When Public Disclosure of Records is Allowed<br />
Citation: Rev. Stat. § 8-807<br />
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The department:<br />
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* May provide CPS information to confirm, clarify, or correct information concerning an allegation or actual instance of child abuse or neglect that has been made public by sources outside of the department<br />
* May provide and, on request, shall provide summary information regarding a fatality or near fatality caused by abuse or neglect<br />
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Use of Records for Employment Screening<br />
Citation: Rev. Stat. § 8-804<br />
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Information contained in the central registry shall be used by the department only for the following purposes:<br />
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* To conduct background checks as one factor to determine qualifications for foster home licensing, adoptive parent certification, child care home certification, registration of unregulated child care homes, and home and community-based services certification for services to children<br />
* To conduct background checks as one factor to determine qualifications for persons applying for employment with this State in positions that provide direct service to children or vulnerable adults and persons applying for contracts with this State, including employees of the potential contractor, for positions that provide direct service to children or vulnerable adults<br />
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Establishment and Maintenance of Central Registries for Child Abuse Reports<br />
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To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.<br />
Establishment<br />
Citation: Rev. Stat. § 8-804(A)<br />
The Department of Economic Security shall maintain a central registry.<br />
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Purpose<br />
Citation: Rev. Stat. §§ 8-804; 8-804.01<br />
The records in the registry may be used:<br />
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* To conduct background checks as one factor to determine qualifications for foster home licensing, adoptive parent certification, child care home certification, registration of unregulated child care homes with the child care resource and referral system, and home and community-based services certification for services to children<br />
* To conduct background checks as one factor to determine qualifications for persons applying for employment in positions that provide direct service to children or vulnerable adults<br />
* To identify and review reports concerning individual children and families, in order to facilitate the assessment of risk<br />
* To determine the nature and scope of child abuse and neglect in this State and to provide statewide statistical and demographic information concerning trends in child abuse and neglect<br />
* To allow comparisons of this State's statistical data with national data<br />
* To comply with § 8-804.01(B), that allows use of the records:<br />
o To assess the safety and risk to a child<br />
o To determine placement<br />
o To determine type and level of services<br />
o To assist in a criminal investigation<br />
o To meet Federal and State reporting requirements<br />
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Contents<br />
Citation: Rev. Stat. § 8-804(A)-(B)<br />
The registry will maintain reports of child abuse and neglect that are substantiated and the outcome of investigations.<br />
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Maintenance<br />
Citation: Rev. Stat. §§ 8-804; 8-804.01<br />
If the department received a report before September 1, 1999, and determined that the report was substantiated, the department shall maintain the report in the central registry until 18 years from the child victim's date of birth.<br />
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If the department received a report on or after September 1, 1999, and determined that the report was substantiated, the department shall maintain the report in the central registry for 25 years after the date of the report.<br />
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All reports of child abuse and neglect and related records shall be maintained in the department's case management information system in accordance with the time frames established in the department's records retention schedule.<br />
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Immunity for Reporters of Child Abuse and Neglect<br />
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To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.<br />
Citation: Ariz. Rev. Stat. Ann. § 13-3620(J) (LexisNexis through 2008 2nd Reg. Sess.)<br />
Statute:<br />
A person who furnishes a report, information, or records required or authorized under this section or a person who participates in a judicial or administrative proceeding or investigation resulting from a report, information, or records required or authorized under this section, is immune from any civil or criminal liability by reason of that action unless the person acted with malice or unless the person has been charged with or is suspected of abusing or neglecting the child or children in question.<br />
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Citation: Ariz. Rev. Stat. Ann. § 8-805(A) (LexisNexis through 2008 2nd Reg. Sess.)<br />
Statute:<br />
Any person making a complaint, providing information, or otherwise participating in the program authorized by this article shall be immune from any civil or criminal liability by reason of such action, unless such person acted with malice or unless such person has been charged with or is suspected of abusing, abandoning, or neglecting the child or children in question.<br />
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Making and Screening Reports of Child Abuse and Neglect<br />
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To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.<br />
Reporting Procedures<br />
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Individual Responsibility<br />
Citation: Rev. Stat. § 13-3620<br />
Any mandated reporter who reasonably believes that a minor is the victim of abuse or neglect shall report immediately to a peace officer or child protective services in the Department of Economic Security. The report may be made by telephone or in person and must be followed by a written report within 72 hours.<br />
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Content of Reports<br />
Citation: Rev. Stat. § 13-3620<br />
The reports shall contain:<br />
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* The names and addresses of the minor and the minor's parents or the person having custody<br />
* The minor's age<br />
* The nature and extent of any injuries or neglect, including any evidence of previous injuries or neglect<br />
* Any other information that might be helpful<br />
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Special Reporting Procedures<br />
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Suspicious Deaths<br />
Not addressed in statutes reviewed.<br />
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Substance-Exposed Infants<br />
Citation: Rev. Stat. § 13-3620<br />
A health-care professional who, after a routine newborn physical assessment, believes that a newborn infant may be affected by the presence of alcohol or drugs shall immediately make a report to child protective services (CPS).<br />
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Screening Reports<br />
Citation: Rev. Stat. § 13-3620(H); Admin. Code §§ R6-5-5502; 5504; 5505; 5506; 5507<br />
When reports are received by a peace officer, the officer shall immediately notify CPS. When CPS receives a report, it shall immediately notify a peace officer in the appropriate jurisdiction.<br />
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In regulation: When the hotline receives a call, staff shall determine the type of alleged maltreatment, whether to classify the call as a report for investigation, and check the central registry for prior reports on the same persons.<br />
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If a call is screened in as a report, the hotline staff shall gather additional information using standardized questions, determine whether there are aggravating or mitigating factors, and assign each report a priority code. Staff shall enter the report into the central registry and immediately transmit the report to a local office.<br />
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Priority codes and initial response times are:<br />
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* Priority 1 High Risk:<br />
o Standard Response: 2 hours<br />
o Mitigated Response: 24 hours<br />
* Priority 2 Moderate Risk:<br />
o Standard Response: 48 hours<br />
o Aggravated Response: 24 hours<br />
o Mitigated Response: 72 hours<br />
* Priority 3 Low Risk:<br />
o Standard Response: 72 hours<br />
o Aggravated Response: 48 hours<br />
o Mitigated Response: 72 hours excluding weekends and Arizona State holidays<br />
* Priority 4 Potential Risk:<br />
o Standard Response: 7 days<br />
o Aggravated Response: 72 hours excluding weekends and State holidays<br />
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To comply with the priority response time, entities other than CPS, such as law enforcement or emergency personnel, may initially respond to a report.<br />
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Upon receipt of a report, a CPS unit supervisor shall assign the case for a field investigation, alternative investigation, or alternative response, such as referral to Family Builders.<br />
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Mandatory Reporters of Child Abuse and Neglect<br />
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To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.<br />
Professionals Required to Report<br />
Citation: Rev. Stat. § 13-3620<br />
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The following persons are required to report:<br />
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* Physicians, physician's assistants, optometrists, dentists, behavioral health professionals, nurses, psychologists, counselors or social workers<br />
* Peace officers, members of the clergy, priests, or Christian Science practitioners<br />
* Parents, stepparents, or guardians<br />
* School personnel or domestic violence victim advocates<br />
* Any other person who has responsibility for the care or treatment of minors<br />
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Reporting by Other Persons<br />
Citation: Rev. Stat. § 13-3620<br />
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Any other person who reasonably believes that a minor is a victim of abuse or neglect may report.<br />
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Standards for Making a Report<br />
Citation: Rev. Stat. § 13-3620<br />
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A report is required when the reporter reasonably believes that a minor is a victim of abuse or neglect.<br />
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Privileged Communications<br />
Citation: Rev. Stat. § 13-3620<br />
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Only the attorney-client and the clergy-penitent privileges are recognized.<br />
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Inclusion of Reporter's Name in Report<br />
Not addressed in statutes reviewed.<br />
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Disclosure of Reporter Identity<br />
Not addressed in statutes reviewed.<br />
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Parental Drug Use As Child Abuse<br />
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To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.<br />
Citation: Ariz. Rev. Stat. Ann. § 13-3620(E) (LexisNexis through 2009 1st Spec. Sess.)<br />
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Statute Text:<br />
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A health-care professional who, after a routine newborn physical assessment of a newborn infant's health status, or following notification of positive toxicology screens of a newborn infant, reasonably believes that the newborn infant may be affected by the presence of alcohol or a drug listed in § 13-3401 shall immediately report this information, or cause a report to be made, to Child Protective Services in the Department of Economic Security. For the purposes of this subsection, 'newborn infant' means a newborn infant who is under 30 days of age.<br />
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Citation: Ariz. Rev. Stat. Ann. § 13-3623(C) (LexisNexis through 2009 1st Spec. Sess.)<br />
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Statute Text:<br />
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For the purposes of subsections A and B of this section, the terms ''endangered'' and ''abuse'' include, but are not limited to, circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic, or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug in violation of § 13-3407(A)(3) or (4).<br />
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Notwithstanding any other provision of this section, a violation committed under circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.<br />
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Penalties for Failure to Report and False Reporting of Child Abuse and Neglect<br />
<br />
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.<br />
Failure to Report<br />
Rev. Stat. § 13-3620(O)<br />
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A person who violates this section requiring the reporting of child abuse or neglect is guilty of a Class 1 misdemeanor, except if the failure to report involves a reportable offense, in which case the person is guilty of a Class 6 felony.<br />
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False Reporting<br />
Rev. Stat. § 13-3620.01<br />
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A person acting with malice who knowingly and intentionally makes a false report of child abuse or neglect, or a person acting with malice who coerces another person to make a false report of child abuse or neglect, is guilty of a Class 1 misdemeanor.<br />
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A person who knowingly and intentionally makes a false report that another person made a false report is guilty of a Class 1 misdemeanor.<br />
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Representation of Children in Child Abuse and Neglect Proceedings<br />
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To better understand this issue and to view it across States, see the Representation of Children in Child Abuse and Neglect Proceedings: Summary of State Laws (PDF - 598 KB) publication.<br />
Making The Appointment<br />
Citation: Rev. Stat. § 8-221<br />
In all juvenile court proceedings in which the dependency petition includes an allegation that the juvenile is abused or neglected, the court shall appoint a guardian ad litem (GAL) to protect the juvenile's best interests. This guardian may be an attorney or a court appointed special advocate.<br />
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The Use of Court-Appointed Special Advocates (CASAs)<br />
Citation: Rev. Stat. §§ 8-523; 8-524<br />
The court-appointed special advocate program is established in the Administrative Office of the Supreme Court. The program shall establish local special advocate programs in each county.<br />
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The Supreme Court shall adopt rules prescribing the establishment of local programs and the minimum performance standards of these programs.<br />
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The court-appointed special advocate fund is established consisting of moneys received pursuant to § 5-518 [from unclaimed prizes from the State lottery]. The fund is subject to annual legislative appropriation. Moneys appropriated by the legislature from the court-appointed special advocate fund for the court-appointed special advocate program shall be used by the Supreme Court to operate, improve, maintain, and enhance the program.<br />
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Qualifications/Training<br />
Citation:<br />
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This issue is not addressed in the statutes reviewed.<br />
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Specific Duties<br />
Citation:<br />
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This issue is not addressed in the statutes reviewed.<br />
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How the Representative Is Compensated<br />
Citation:<br />
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This issue is not addressed in the statutes reviewed.<br />
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Review and Expunction of Central Registries and Reporting Records<br />
<br />
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.<br />
Right of the Reported Person to Review and Challenge Records<br />
Rev. Stat. § 8-811<br />
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The Department of Economic Security shall notify a person who is alleged to have abused or neglected a child that the department intends to substantiate the allegation in the central registry and of that person's right:<br />
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* To receive a copy of the report containing the allegation<br />
* To a hearing before the entry into the central registry<br />
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The department shall send the notice no more than 14 days after completion of the investigation. A request for a hearing on the proposed finding must be received by the department within 14 days after receipt of the notice.<br />
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If a request for a hearing is made, the department shall conduct a review before the hearing. The department shall provide an opportunity for the accused person to provide information to support the position that the department should not substantiate the allegation. If the department determines that there is no probable cause that the accused person engaged in the alleged conduct, the department shall amend the information or finding in the report and shall notify the person and a hearing shall not be held.<br />
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The notification shall also state that if the department does not amend the information or finding in the report within 60 days after it receives the request for a hearing, the person has a right to a hearing unless:<br />
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* The person is a party in a civil, criminal, or administrative proceeding in which the allegations of abuse or neglect are at issue.<br />
* A court or administrative law judge has made findings as to the alleged abuse or neglect.<br />
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If the department does not amend the report, the department shall notify the office of administrative hearings of the request for a hearing no later than 5 days after completion of the review. The department shall forward all records, reports, and other relevant information with the request for a hearing within 10 days.<br />
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The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10, with the following exceptions:<br />
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* A child who is the victim of or a witness to abuse or neglect is not required to testify at the hearing.<br />
* A child's hearsay statement is admissible if the time, content, and circumstances of that statement are sufficiently indicative of its reliability.<br />
* The identity of the reporting source of the abuse or neglect shall not be disclosed without the permission of the reporting source.<br />
* The reporting source is not required to testify.<br />
* A written statement from the reporting source may be admitted if the time, content, and circumstances of that statement are sufficiently indicative of its reliability.<br />
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On completion of the presentation of evidence, the administrative law judge shall determine if probable cause exists to sustain the department's finding that the accused engaged in the alleged conduct. If the administrative law judge determines that probable cause does not exist to sustain the department's finding, the administrative law judge shall order the department to amend the information or finding in the report.<br />
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When the department is requested to verify whether the Child Protective Services Central Registry contains a substantiated report about a specific person, the department shall determine if the report was taken after January 1, 1998. If the report was taken after January 1, 1998, the department shall notify the requestor of the substantiated finding.<br />
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If the child protective services report was taken before January 1, 1998, the department shall notify the person of the person's right to request an administrative hearing. The department shall not send this notification if the person was a party in a civil, criminal, or administrative proceeding in which the allegations of abuse or neglect were at issue.<br />
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When Records Must Be Expunged<br />
Rev. Stat. § 8-804<br />
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If the Department of Economic Security received a report before September 1, 1999, and determined that the report was substantiated, the department shall maintain the report in the central registry until 18 years from the child victim's date of birth.<br />
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If the department received a report on or after September 1, 1999, and determined that the report was substantiated, the department shall maintain the report in the central registry for 25 years after the date of the report.<br />
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The department shall annually purge reports and investigative outcomes received pursuant to the timeframes prescribed above.<br />
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Any person who was the subject of a child protective services investigation may request confirmation that the department has purged information about the person from the central registry. On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person.<br />
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Child Welfare<br />
Case Planning for Families Involved With Child Welfare Agencies<br />
<br />
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.<br />
When Case Plans Are Required<br />
Citation: Rev. Stat. § 8-806<br />
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When a child has been accepted into a voluntary placement, the department must develop a case plan within 10 days.<br />
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Who May Participate in the Case Planning Process<br />
Citation: Rev. Stat. § 8-806<br />
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The department must develop a case plan with the child's parent, guardian, or custodian.<br />
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Contents of a Case Plan<br />
Rev. Stat. § 8-806<br />
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The case plan shall establish the services necessary to promote the safety of the child on the planned return of the child to the parent, guardian, custodian, or alternative placement.<br />
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Concurrent Planning for Permanency for Children<br />
<br />
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.<br />
Citation: Ariz. Rev. Stat. Ann. § 8-845(D) (LexisNexis through 8-3-07)<br />
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Statute Text:<br />
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Notwithstanding § 8-845(C) [that requires the court to reunify the family if possible], reasonable efforts to place a child for adoption may be made concurrently with reasonable efforts to reunify the family.<br />
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Court Hearings for the Permanent Placement of Children<br />
<br />
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.<br />
Schedule of Hearings<br />
Citation: Rev. Stat. § 8-862<br />
The court shall hold a permanency hearing to determine the future permanent legal status of the child:<br />
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* Within 30 days after the disposition hearing if the court does not order reunification services<br />
* Within 6 months after a child who is under age 3 is removed from the child's home<br />
* In all other cases, within 12 months after the child is removed from the child's home<br />
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If the court determines that the child should remain in out-of-home placement longer than 18 months from the date of the permanency order, the court shall conduct a review of the order at least once each year. After reviewing the order, the court may reaffirm the order or direct other disposition of the child.<br />
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Persons Entitled to Attend Hearings<br />
Citation: Rev. Stat. § 8-847<br />
The following persons shall be provided notice of the review and the right to participate in the proceeding:<br />
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* The agency charged with the child's care and custody<br />
* Any foster parents in whose home the child resided within the last 6 months<br />
* A shelter care facility or receiving foster home where the child resides or has resided within the last 6 months for more than 30 days<br />
* The child's parent or guardian, unless the parental rights of that parent or guardian have been terminated<br />
* The child, if age 12 or older<br />
* The child's relative, if the relative files a written notice of right of participation with the court<br />
* A person permitted by the court to intervene as a party in the dependency proceeding<br />
* A physical custodian of the child within the preceding 6 months<br />
* Any person who has filed a petition to adopt or who has physical custody pursuant to a foster-adoptive placement<br />
* Any other person as the court may direct<br />
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Determinations Made at Hearings<br />
Citation: Rev. Stat. §§ 8-845; 8-862<br />
In reviewing the status of the child, the court shall consider the health and safety of the child as a paramount concern and the following criteria:<br />
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* The goals of the placement and the appropriateness of the case plan<br />
* The services that have been offered to reunite the family<br />
* If returning the child home is not likely, the efforts that have been or should be made to evaluate or plan for other permanent placement plans<br />
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The court shall review the permanent plan that has been established for the child. In reviewing the status of the child, the court, insofar as possible, shall seek to reunite the family. If the court does not order reunification of the family, the court shall order a plan of adoption or another permanent plan that is in the child's best interests.<br />
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At the permanency hearing, the court shall determine:<br />
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* Whether termination of parental rights, adoption, permanent guardianship, or some other permanent legal status is the most appropriate plan for the child<br />
* Whether reasonable efforts have been made to finalize the permanency plan in effect<br />
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Permanency Options<br />
Citation: Rev. Stat. §§ 8-845; 8-862<br />
The court may order any of the following:<br />
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* Return to the child's parent<br />
* Placement with a grandparent or other member of the child's extended family, including a person who has a significant relationship with the child, unless the court determines that such placement is not in the child's best interests<br />
* Adoption<br />
* Placement with a suitable institution, association, or school<br />
* Independent living<br />
* Placement with any adult as a permanent guardian<br />
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Criminal Background Checks for Prospective Foster and Adoptive Parents<br />
<br />
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 553 KB) publication.<br />
Requirements for Foster Parents<br />
Citation: Rev. Stat. §§ 8-509; 41-1758.03<br />
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The division shall not issue a license unless each foster parent and each other adult member of the household has a valid fingerprint clearance card issued pursuant to statute or provides to the division documentation of the person's application for a fingerprint clearance card. The foster parent and each adult member of the household must certify on forms provided by the division and notarized whether the foster parent or other adult members of the household are awaiting trial or have ever been convicted of any of the criminal offenses listed in § in 41-1758.03(B)-(C) in this State or similar offenses in another State or jurisdiction, including:<br />
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* Sexual abuse of a minor or vulnerable adult<br />
* Incest<br />
* First- or second-degree murder<br />
* Sexual assault<br />
* Sexual exploitation of a minor or vulnerable adult<br />
* Child prostitution<br />
* Child abuse or neglect<br />
* Molestation of a child<br />
* A dangerous crime against children<br />
* Exploitation of minors involving drug offenses<br />
* Manslaughter<br />
* Endangerment<br />
* Threatening or intimidating<br />
* Assault<br />
* Unlawfully administering intoxicating liquors, narcotic drugs, or dangerous drugs<br />
* Indecent exposure or public sexual indecency<br />
* Keeping or residing in a house of prostitution or employment in prostitution<br />
* Manufacture of certain substances and drugs by certain means<br />
* Adding poison or other harmful substance to food, drink, or medicine<br />
* Misdemeanor offenses involving contributing to the delinquency of a minor<br />
* Offenses involving domestic violence<br />
* Felony offenses involving the sale, distribution, or transportation of marijuana or dangerous or narcotic drugs or the offer to sell, transport, or distribute or involvement in a conspiracy to sell, transport, or distribute marijuana or dangerous or narcotic drugs<br />
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Requirements for Adoptive Parents<br />
Citation: Rev. Stat. §§ 8-105(D) & (E); 8-112(B)(6) & (7)<br />
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* A fingerprint-based Federal and State criminal records check is required for a prospective adoptive parent and any adult household members, except a birth or legal parent with custody of the child, as part of the investigation for preadoption certification.<br />
* The prospective adoptive parent must certify on forms that are provided by the division and notarized whether the prospective adoptive parent is awaiting trial on or has ever been convicted of any of the criminal offenses listed in § 41-1758.03(B)-(C) [see above] in this State or similar offenses in another State or jurisdiction.<br />
* A central registry records check, including any history of child welfare referrals, is required for a prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent as part of the court's social study.<br />
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Determining the Best Interests of the Child<br />
<br />
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.<br />
Citation: Ariz. Rev. Stat. § 8-847(C) (LexisNexis 2007)<br />
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Statute Text:<br />
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At any periodic review hearing, the court shall consider the health and safety of the child as a paramount concern.<br />
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Grounds for Involuntary Termination of Parental Rights<br />
<br />
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.<br />
Circumstances That Are Grounds for Termination of Parental Rights<br />
Rev. Stat. § 8-533<br />
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Grounds to terminate the parent-child relationship shall include any one of the following, with due consideration for the best interests of the child:<br />
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* The parent has abandoned the child.<br />
* The parent has neglected or willfully abused a child.<br />
* The parent is unable to discharge parental responsibilities because of mental illness, mental deficiency, or a history of chronic abuse of drugs.<br />
* The parent has been convicted of a felony of such nature as to prove the parent's unfitness, including murder or manslaughter of another child of the parent.<br />
* The potential or putative father has failed to file a claim of paternity.<br />
* The parents have relinquished their rights or consented to the child's adoption.<br />
* The child is in an out-of-home placement, the responsible agency has made a diligent effort to provide appropriate reunification services, and either of the following circumstances exists:<br />
o The child has been in out-of-home care for a total of 9 months or longer and the parent has substantially neglected or willfully refused to remedy the circumstances that cause the child to be in out-of-home care.<br />
o The child has been in out-of-home care for a total of 15 months or longer, the parent has been unable to remedy the circumstances that cause the child to be in an out-of-home placement, and there is a substantial likelihood that the parent will not be able to provide effective care in the near future.<br />
* The identity of the parent is unknown and continues to be unknown after 3 months of diligent efforts to identify and locate the parent.<br />
* The parent has had parental rights to another child terminated within the preceding 2 years and is currently unable to discharge parental responsibilities due to the same cause.<br />
* Within 18 months of a child's return from an out-of-home placement, the child is removed from the parent's custody and placed in care a second time.<br />
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Circumstances That Are Exceptions to Termination of Parental Rights<br />
Not addressed in statutes reviewed.<br />
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Infant Safe Haven Laws<br />
<br />
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.<br />
Infant's Age<br />
Rev. Stat. § 13-3623.01<br />
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A newborn infant may be relinquished. ''Newborn infant'' means an infant who is 72 hours old or younger.<br />
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Who May Relinquish the Infant<br />
Rev. Stat. § 13-3623.01<br />
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The child may be relinquished by the parent or an agent of the parent.<br />
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Who May Receive the Infant<br />
Rev. Stat. § 13-3623.01<br />
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The child may be left with a designated safe haven provider. ''Safe haven provider'' means any of the following:<br />
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* A firefighter who is on duty<br />
* An emergency medical technician who is on duty<br />
* A staff member at a hospital or an outpatient treatment center<br />
* A staff member or volunteer at any of the following that posts a public notice that it is willing to accept a newborn infant:<br />
o A licensed private child welfare agency<br />
o A licensed adoption agency<br />
o A church<br />
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Responsibilities of the Safe Haven Provider<br />
Rev. Stat. § 13-3623.01<br />
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If a parent or agent of a parent voluntarily delivers the parent's newborn infant to a safe haven provider, the safe haven provider shall take custody of the newborn infant if both of the following are true:<br />
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* The parent did not express an intent to return for the newborn infant.<br />
* The safe haven provider reasonably believes that the child is a newborn infant.<br />
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The safe haven provider shall report the receipt of a newborn infant to child protective services as soon as practicable after taking custody of the newborn infant and offer written information about information and referral organizations.<br />
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Immunity for the Provider<br />
Rev. Stat. § 13-3623.01<br />
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A safe haven provider who receives a newborn infant is not liable for any civil or other damages for any act or omission by the safe haven provider in maintaining custody of the newborn infant if the safe haven provider acts in good faith without gross negligence.<br />
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Protection for Relinquishing Parent<br />
Rev. Stat. § 13-3623.01<br />
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A person is not guilty of abuse of a child solely for leaving an unharmed newborn infant with a safe haven provider.<br />
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A parent or agent of a parent who leaves a newborn infant with a safe haven provider may remain anonymous, and the safe haven provider shall not require the parent or agent to answer any questions.<br />
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Effect on Parental Rights<br />
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This issue is not addressed in the statutes reviewed.<br />
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Online Resources for State Child Welfare Law and Policy<br />
<br />
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.<br />
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Statutes:<br />
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Website for Statutes: <a href="http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp">www.azleg.state.az.us/ArizonaRevisedStatutes.asp</a><br />
Citations:<br />
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* Adoption: Title 8, Chapter 1<br />
* Child Protection: Title 8, Chapter 10, Articles 1, 2<br />
* Child Welfare: Title 8, Chapter 5; Chapter 10, Articles 3-7; Chapter 11<br />
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Regulation/Policy<br />
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Website for Administrative Code: <a href="http://www.azsos.gov/public_services/Table_of_Contents.htm">www.azsos.gov/public_services/Table_of_Contents.htm</a><br />
Note:<br />
See Title 6, Chapter 5, Articles 55, 56, 58-60, 65-67, 69, 70, 74, 75, 80; and Chapter 18<br />
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Other Resources<br />
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<br />
Department of Economic Security, Division of Children, Youth and Families<br />
<br />
* Children's Services Manual<br />
<a href="http://www.azdes.gov/dcyf/cmdps/cps/Policy/ServiceManual.htm">www.azdes.gov/dcyf/cmdps/cps/Policy/ServiceManual.htm</a><br />
* Guide to CPS<br />
<a href="https://egov.azdes.gov/CMSInternet/main.aspx?menu=154&id=2068">https://egov.azdes.gov/CMSInternet/main.aspx?menu=154&id=2068</a><br />
* Foster Care and Adoption Publications Page<br />
<a href="https://egov.azdes.gov/CMSInternet/main.aspx?menu=102&id=1616&ekmensel=">https://egov.azdes.gov/CMSInternet/main.aspx?menu=102&id=1616&ekmensel=</a> 15074e5e_102_132_1616_1<br />
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Placement of Children With Relatives<br />
<br />
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.<br />
Relative Placement for Foster Care and Guardianship<br />
Citation: Rev. Stat. § §§ 8-501; 8-514.02; 9-514.03<br />
The department may place a child with a parent or relative. ''Relative'' means a grandparent, great-grandparent, brother or sister of whole or half blood, aunt, uncle, or first cousin.<br />
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The department shall establish kinship foster care services for a child who has been removed from the child's home and is in the custody of the department. The program shall promote the placement of the child with the child's relative for kinship foster care.<br />
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Requirements for Placement with Relatives<br />
Citation: Rev. Stat. § 8-515.03<br />
A kinship foster care parent applicant who is not a licensed foster care parent shall be at least age 18. The applicant and each member of the applicant's household who is at least age 18 shall submit a full set of fingerprints to the department for the purpose of obtaining a State and Federal criminal records check pursuant to § 41-1750 and Public Law 92-544. The Department of Public Safety may exchange this fingerprint data with the Federal Bureau of Investigation.<br />
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The department 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.<br />
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The Department of Economic Security may interview other household members, review the applicant's personal and professional references, and conduct Child Protective Services central registry checks.<br />
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A kinship foster care parent may be eligible to receive the following financial services for the child:<br />
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* Full foster care benefits, including payment if the kinship foster care parent becomes a licensed foster care home<br />
* Temporary Assistance for Needy Families cash assistance payments for a child only for case and supplemental financial support<br />
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The department shall provide nonfinancial services for a kinship foster care parent through existing means or referral. Nonfinancial services may include:<br />
<br />
* Family assessment and case management<br />
* Child care<br />
* Housing search and relocation<br />
* Parenting skills training<br />
* Supportive intervention and guidance counseling<br />
* Transportation and emergency services<br />
* Parent aid and respite services<br />
* Additional services that the department determines are necessary to meet the needs of the child and family<br />
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Relatives Who May Adopt<br />
Citation: Rev. Stat. §§ 8-105; 8-108<br />
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A relative who may adopt the child includes an uncle, aunt, adult sibling, grandparent, or great-grandparent of the child of the whole or half-blood or by marriage.<br />
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Requirements for Adoption by Relatives<br />
Citation: Rev. Stat. §§ 8-105; 8-108<br />
Before any prospective adoptive parent may petition to adopt a child the person shall be certified by the court as acceptable to adopt children. A certificate shall be issued only after an investigation conducted by an officer of the court, by an agency, or by the division. This section does not apply if the prospective adoptive parent is the spouse of the birth or legal parent of the child to be adopted or is an uncle, aunt, adult sibling, grandparent, or great-grandparent of the child of the whole or half-blood or by marriage or adoption.<br />
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A person who is not currently certified as acceptable to adopt but who has custody of a child who the person intends to adopt shall petition the court for an order permitting that person to keep custody of the child pending certification. If the court permits the person to continue to have custody of the child, the court shall order the investigation for preadoption certification and report as required by § 8-105 to continue.<br />
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A custody petition or hearing is not required if:<br />
<br />
* The person who intends to adopt the child is the spouse of a birth or legal parent of the child.<br />
* The person who intends to adopt the child is an uncle, aunt, adult sibling, grandparent, or great-grandparent of the child of the whole or half-blood or by marriage.<br />
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Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children<br />
<br />
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.<br />
What Are Reasonable Efforts<br />
Citation: Rev. Stat. § 8-801<br />
''Protective services'' refer to a specialized child welfare program that is administered by the department to investigate allegations and seek to prevent, intervene in, and treat abuse and neglect to promote the well-being of the child in a permanent home and to coordinate services to strengthen the family.<br />
<br />
When Reasonable Efforts Are Required<br />
Citation: Rev. Stat. § 8-846<br />
If the child has been removed from the home, the court shall order the department to make reasonable efforts to provide services to the child and the child's family.<br />
<br />
When Reasonable Efforts Are NOT Required<br />
Citation: Rev. Stat. § 8-846<br />
Reunification services are not required if the court finds by clear and convincing evidence that one of the following aggravated circumstances exist:<br />
<br />
* The parent cannot be identified or located.<br />
* The parent suffers from a mental illness that will likely prevent the parent from resuming care of the child within 12 months.<br />
* The child previously has been removed and adjudicated dependent due to physical or sexual abuse. After the adjudication the child was returned to the custody of the parent and then subsequently removed within 18 months due to additional physical or sexual abuse.<br />
* The child has suffered severe physical or emotional injury by the parent or a person known to the parent.<br />
* A child has been removed from the parent on at least two previous occasions, reunification services were offered or provided after the removal, and the parent is unable to discharge parental responsibilities.<br />
* The parent's rights to another child have been terminated, and the conditions that led to the termination have not been remedied.<br />
* The parent has been convicted of murder, manslaughter, sexual abuse, sexual assault, molestation, or sexual exploitation of a child, or aiding or abetting any such crimes.<br />
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Standby Guardianship<br />
<br />
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.<br />
These issues are not addressed in statutes reviewed.<br />
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Adoption<br />
Access to Adoption Records<br />
<br />
To better understand this issue and to view it across States, see the Access to Adoption Records: Summary of State Laws (PDF - 504 KB) publication.<br />
Who May Access Information<br />
Citation: Rev. Stat. § 8-129<br />
<br />
The following persons may have access to family information:<br />
<br />
* The adoptive parents or a guardian of the adoptee<br />
* The adoptee who is age 18 or older<br />
* If the adoptee has died, the adoptee's spouse if he or she is the legal parent of the adoptee's child or the guardian of any child of the adoptee<br />
* If the adoptee has died, any child of the adoptee who is age 18 or older<br />
* The birth parents or other birth children of the birth parents<br />
<br />
<br />
<br />
Access to Nonidentifying Information<br />
Citation: Rev. Stat. §§ 8-121; 8-129<br />
<br />
Nonidentifying information may be released upon request to any of the persons listed above. Nonidentifying information may include the health and genetic history of the birth parents and members of the birth parents' families.<br />
<br />
Mutual Access to Identifying Information<br />
Citation: Rev. Stat. § 8-121<br />
<br />
Court personnel, the division, an attorney assisting in a direct placement adoption, or an agency may provide partial or complete identifying information between a birth parent and adoptive parent when the parties mutually agree to share specific identifying information and make a written request to the court, the division, or the agency.<br />
<br />
A person may petition the court to obtain information relating to an adoption in the possession of the court, the division, or any agency or attorney involved in the adoption. The court shall not release identifying information unless the person requesting the information has established a compelling need for disclosure or consent has been obtained.<br />
<br />
An adoptee age 18 or older or a birth parent may file at any time with the court and the agency, division, or attorney who participated in the adoption a notarized statement granting consent, withholding consent, or withdrawing a consent previously given for the release of confidential information. If an adoptee who is 18 or older and the birth mother or birth father have filed consent to the release of confidential information, the court may disclose the information, except identifying information relating to a birth parent who did not grant written consent.<br />
<br />
Access to Original Birth Certificate<br />
Citation: Rev. Stat. § 36-337<br />
<br />
The original birth certificate can be made available only upon a court order or as prescribed by rule.<br />
<br />
Where the Information Can Be Located<br />
<br />
Arizona Confidential Intermediary Program, Arizona Supreme Court<br />
<br />
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Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents<br />
<br />
To better understand this issue and to view it across States, see the Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents: Summary of State Laws (PDF - 371 KB) publication.<br />
Agency or Person Gathering Information or Preparing Report<br />
Citation: Rev. Stat. §§ 8-112; 8-129(A)<br />
Before placing a child for adoption, the division or the agency or the person placing the child, if the child is not placed by the division, shall compile and provide to the prospective adoptive parents a detailed written report about the birth parents or members of a birth parent's family.<br />
<br />
The division, an agency, or an officer of the court shall complete the social study on the adoptive family before the hearing on the petition to adopt.<br />
<br />
Contents of Report About Person to be Adopted<br />
Citation: Rev. Stat. § 8-112<br />
The social study shall include:<br />
<br />
* The social history, heritage, and mental and physical condition of the child and the child's birth parents<br />
* The child's current placement in the prospective adoptive parent's home and the child's adjustment to that home<br />
<br />
<br />
<br />
Contents of Report About Birth Parents<br />
Citation: Rev. Stat. § 8-129<br />
The written report provided to the adopting parents shall include a health and genetic history and all nonidentifying information about the birth parents or members of a birth parent's family.<br />
<br />
Contents of Report About Adoptive Parents<br />
Citation: Rev. Stat. §§ 8-105(E); 8-112<br />
Before any prospective adoptive parent may petition to adopt a child, the person shall be certified by the court as acceptable to adopt children. The division shall not present for certification a prospective adoptive parent unless that person has a valid fingerprint clearance card. This investigation and report to the court shall include:<br />
<br />
* A complete social history<br />
* The applicant's financial condition<br />
* The applicant's moral fitness<br />
* The applicant's religious background<br />
* The physical and mental health condition of the applicants<br />
* Any court action for or adjudication of child abuse, abandonment of children, dependency, or termination of parental rights in which the applicant had control, care, or custody of the child who was the subject of the action<br />
* Any other information relevant to the fitness of the prospective adoptive parents<br />
<br />
The social study shall include the following:<br />
<br />
* The prospective adoptive parent's suitability to adopt<br />
* Any financial arrangement concerning the proposed adoption made by the birth parents, the division, an agency, an attorney, or the prospective adoptive parents<br />
* A State and Federal criminal records check of the prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent except a birth or legal parent with custody of the child<br />
* A central registry records check with the division, including any history of child welfare referrals, of the prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent<br />
* Any other information that is pertinent to the adoption proceedings<br />
<br />
<br />
<br />
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Consent to Adoption<br />
<br />
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.<br />
Who Must Consent to an Adoption<br />
Citation: Rev. Stat. § 8-106(A), (C)<br />
The court shall not grant an adoption of a child unless consent to adopt has been obtained and filed with the court from the following:<br />
<br />
* The birth or adoptive mother<br />
* The father, if he:<br />
o Was married to the mother at the time of conception<br />
o Is the adoptive father<br />
o Has otherwise established paternity<br />
* Any guardian of the child or agency that has been given the child to place for adoption<br />
* The guardian of an adult parent, if one has been appointed<br />
<br />
Minority of the parent does not affect competency to consent.<br />
<br />
<br />
Age When Consent of Adoptee is Considered or Required<br />
Citation: Rev. Stat. § 8-106(A)<br />
A child age 12 or older must consent to the adoption in open court.<br />
<br />
When Parental Consent is not Needed<br />
Citation: Rev. Stat. § 8-106(B), (J)<br />
It is not necessary for a person to obtain consent to adopt from the following:<br />
<br />
* An adult parent for whom a guardian is currently appointed<br />
* A parent whose parental rights have been terminated by court order<br />
* A parent who has previously consented to an agency's or the division's placement of the child for adoption<br />
<br />
A potential father who fails to file a paternity action and who does not comply with all applicable service requirements within 30 days after completion of service of notice waives his right to be notified of any judicial hearing regarding the child's adoption or the termination of parental rights, and his consent to the adoption or termination is not required.<br />
<br />
When Consent Can Be Executed<br />
Citation: Rev. Stat. § 8-107(B)<br />
Any consent given sooner than 72 hours after the birth of the child is invalid.<br />
<br />
How Consent Must Be Executed<br />
Citation: Rev. Stat. § 8-107(A)<br />
All consents to adoption shall be in writing and signed by the person giving the consent and witnessed by 2 or more credible witnesses who are at least age 18 and who subscribe their names in the presence of the person giving the consent or shall be acknowledged by the person giving consent before a notary public.<br />
<br />
The consent shall designate either of the following:<br />
<br />
* An agency or the division as authorized by the party giving the consent to place the child for adoption<br />
* The particular person or persons authorized to adopt the child by the person giving the consent<br />
<br />
A consent other than to any agency or the division that does not designate a particular person or persons, or that purports to permit a third person to locate or nominate an adoptive parent, is invalid.<br />
<br />
Revocation of Consent<br />
Citation: Rev. Stat. § 8-106(D)<br />
Consent is irrevocable unless obtained by fraud, duress, or undue influence.<br />
<br />
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Court Jurisdiction and Venue for Adoption Petitions<br />
<br />
To better understand this issue and to view it across States, see the Court Jurisdiction and Venue for Adoption Petitions: Summary of State Laws (PDF - 233 KB) publication.<br />
Jurisdiction<br />
Citation: Rev. Stat. § 8-102.01<br />
If a petition for adoption is filed prior to a child's 18th birthday, jurisdiction of the superior court continues for purposes of entering an order of adoption of such child even if the child becomes age 18 prior to the final adoption hearing.<br />
<br />
Venue<br />
Citation: Rev. Stat. § 8-104<br />
<br />
The adoption petition may be filed in the court of the county in which:<br />
<br />
* The prospective adoptive parents reside.<br />
* The child is a ward, i.e., in the care of a governmental agency.<br />
<br />
<br />
<br />
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State Recognition of Intercountry Adoptions Finalized Abroad<br />
<br />
To better understand this issue and to view it across States, see the State Recognition of Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 414 KB) publication.<br />
Effect and Recognition of a Foreign Adoption Decree<br />
<br />
This issue is not addressed in the statutes reviewed.<br />
<br />
Readoption After an Intercountry Adoption<br />
Citation: Rev. Stat. § 36-338<br />
<br />
Before the State Registrar creates and registers a certificate of foreign birth for a parent of an adopted child who has been issued an IR-3 visa and who has completed a readoption process in a court in this State, the parent must provide either of the following:<br />
<br />
* An original State of Arizona certificate of adoption<br />
* A certified court order of adoption issued by a court in this State and either a birth certificate from the country of the adopted person's birth or any other written documentation that establishes the date and place of the adopted person's birth that has been translated into English<br />
<br />
<br />
<br />
Application for a U.S. Birth Certificate<br />
Citation: Rev. Stat. § 36-338<br />
<br />
The State Registrar shall create a certificate of foreign birth for an adopted person who shows that he or she:<br />
<br />
* Was born in a foreign country<br />
* Is not a U.S. citizen<br />
* Has gone through a completed adoption process in a foreign country before coming to the United States<br />
* Has an IR-3 stamped passport<br />
<br />
Before the State Registrar creates a certificate of foreign birth, either a State court, an adoptive parent, or an adult adopted person must submit the following:<br />
<br />
* An adoption decree or other official document finalizing the adoption from the country of the adopted person's birth that has been translated into English<br />
* A copy of the passport page showing the IR-3 stamp<br />
<br />
If the adopted person does not have an IR-3 stamped passport, before the State Registrar creates a certificate, an adoptive parent or an adult adopted person must submit either:<br />
<br />
* An original State of Arizona certificate of adoption<br />
* A certified court order of adoption issued by a court in this State and either a birth certificate from the country of the adopted person's birth or any other written documentation that establishes the date and place of the adopted person's birth that has been translated into English<br />
* If the person was not adopted in this State, a court order issued in this State that recognizes the adoption pursuant to § 36-336<br />
<br />
The State Registrar shall not create a State of Arizona certificate of foreign birth for an adopted person who was born in a foreign country and who was a U.S. citizen at the time of birth. The State Registrar shall inform the adoptive parents or the adult adopted person that a birth certificate may be obtained through the U.S. Department of State.<br />
<br />
A State of Arizona certificate of foreign birth for an adopted person must show the country of birth and state that the certificate is not evidence of U.S. citizenship for the person for whom it is issued.<br />
<br />
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Intestate Inheritance Rights for Adopted Children<br />
<br />
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 333 KB) publication.<br />
Birth Parents in Relation to Adopted Person<br />
Citation: Rev. Stat. §§ 8-117; 14-2114<br />
The relationship of birth parent and adopted person is completely severed upon entry of the adoption decree, and all legal consequences of the relationship cease to exist, including the right of inheritance.<br />
<br />
Adoption of a child by the spouse of either birth parent has no effect on the relationship between the child and that birth parent or on the right of the child or a descendant of the child to inherit from or through the other birth parent.<br />
<br />
Adoptive Parents in Relation to Adopted Person<br />
Citation: Rev. Stat. § 8-117<br />
The adopted person is entitled to inherit from and through the adoptive parent, and the adoptive parent is entitled to the same from the adopted person, as though the child were born to the adoptive parents.<br />
<br />
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Postadoption Contact Agreements Between Birth and Adoptive Families<br />
<br />
To better understand this issue and to view it across States, see the Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws (PDF - 443 KB) publication.<br />
What may be included in postadoption contact agreements?<br />
Citation: Rev. Stat. Ann. § 8-116.01<br />
<br />
The parties to a proceeding under this chapter may enter into an agreement regarding communication with an adopted child, the adoptive parents, and a birth parent.<br />
<br />
The agreement shall state that the adoptive parent may terminate contact between the birth parent and the adopted child at any time if the adoptive parent believes that this contact is not in the child's best interests.<br />
<br />
Who may be a party to a postadoption contact agreement?<br />
Citation: Rev. Stat. Ann. § 8-116.01<br />
<br />
The court shall not approve an agreement unless the agreement is approved by the prospective adoptive parents, any birth parent with whom the agreement is being made, and if the child is in the custody of the division or an agency, a representative of the division or agency.<br />
<br />
What is the role of the court in postadoption contact agreements?<br />
Citation: Rev. Stat. Ann. § 8-116.01<br />
<br />
The court shall not approve the agreement unless the court finds that the communication between the adopted child, the adoptive parents, and a birth parent is in the child's best interests. The court may consider the wishes of a child who is at least 12 years old.<br />
<br />
The court retains jurisdiction after the decree of adoption is entered to hear motions brought to enforce or modify an order entered pursuant to this section. Before filing a motion, the party seeking to enforce or modify an order shall make a good faith attempt to mediate the dispute. The court shall not enforce or modify an order unless the party filing the motion has made a good faith attempt to mediate the dispute.<br />
<br />
Are agreements legally enforceable?<br />
Citation: Rev. Stat. Ann. § 8-116.01<br />
<br />
An agreement is not enforceable unless the agreement is in writing and is approved by the court.<br />
<br />
An agreement entered into pursuant to this section is enforceable even if it does not disclose the identity of the parties to the agreement.<br />
<br />
How may an agreement be terminated or modified?<br />
Citation: Rev. Stat. Ann. § 8-116.01<br />
<br />
The court may order a modification of an agreement if it finds that the modification is necessary to serve the best interests of the adopted child and one of the following is true:<br />
<br />
* The modification is agreed to by the adoptive parents.<br />
* Exceptional circumstances have arisen since the agreement was approved that justify modification of the agreement.<br />
<br />
The court may consider the wishes of a child who is at least 12 years old in determining whether to order a modification.<br />
<br />
Every agreement entered into pursuant to this section shall contain a clause stating that the parties agree to the continuing jurisdiction of the court to enforce and modify the agreement and that they understand that failure to comply with an agreement is not grounds for setting aside an adoption decree or for revocation of a written consent to an adoption decree or relinquishment of parental rights.<br />
<br />
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Regulation of Private Domestic Adoption Expenses<br />
<br />
To better understand this issue and to view it across States, see the Regulation of Private Domestic Adoption Expenses: Summary of State Laws (PDF - 592 KB) publication.<br />
Birth Parent Expenses Allowed<br />
Citation: Rev. Stat. § 8-114(A)-(B)<br />
<br />
The court may approve any monies paid to a parent of a child placed for adoption or another person for the benefit of the parent or adopted child for reasonable and necessary expenses incurred in connection with the adoption. These expenses may include costs for medical and hospital care and examinations for the mother and child, counseling fees, legal fees, agency fees, living expenses, and any other costs the court finds reasonable and necessary.<br />
<br />
A person who wishes to pay the living expenses of a birth parent that exceed $1,000 shall file a motion with the court to permit that payment. A maximum of $1,000 may be advanced for birth parent living expenses without a motion.<br />
<br />
In determining what living expenses are reasonable and necessary, the court shall consider, but not be limited to, the following factors:<br />
<br />
* The current standard of living of the birth parent<br />
* The standard of living necessary to preserve the health and welfare of the birth parent and the unborn child<br />
* The existence of alternative financial resources for the birth parent<br />
<br />
<br />
<br />
Birth Parent Expenses Not Allowed<br />
Citation: Rev. Stat. § 8-114(G)<br />
Expenses that the court finds to be unauthorized or unreasonable are not allowed.<br />
<br />
Allowable Payments for Arranging Adoption<br />
Citation: Rev. Stat. § 8-114(D)<br />
An attorney may be paid for services in connection with an adoption but only in such amounts as the court approves as reasonable and necessary.<br />
<br />
Allowable Payments for Relinquishing Child<br />
Citation: Rev. Stat. § 8-114(C)<br />
Except as provided, a person shall not be directly or indirectly compensated for giving or obtaining consent to place a child for adoption.<br />
<br />
Allowable Fees Charged by Department/Agency<br />
Citation: Rev. Stat. § 8-133<br />
The Department of Economic Security may charge fees for studying and certifying adoption applicants and for providing placement supervision services to cover the costs of providing these services.<br />
<br />
If an investigation is conducted by an officer of the court, the court may charge a reasonable fee. The court may waive, reduce, or defer this fee if the fee would cause a hardship.<br />
<br />
Accounting of Expenses Required by Court<br />
Citation: Rev. Stat. § 8-114(E), (F), (H)<br />
No fewer than 10 days before an adoption petition is heard, the prospective adoptive parent shall file with the court a verified accounting of all fees, payments, disbursements, or commitments of anything of value made or agreed to be made by the prospective adoptive parent in connection with the adoption. The accounting shall include all living expenses and be accompanied by an affidavit that is signed by the birth mother, either before or after the birth of the child, that verifies that she has been given written notice; she understands that the payment of these expenses does not obligate her to place her child for adoption; and she may give a valid consent to the adoption only after the child's birth without regard to any cost or expense paid by any person in connection with the adoption. This subsection does apply to an agency placement adoption or to a direct placement adoption made through an agency.<br />
<br />
The court shall allow, disallow, or allow in part fees, payments, disbursements, and commitments as shown in the accounting. All adoption cases shall be reviewed by the juvenile court for reasonableness and necessity of expenses.<br />
<br />
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Rights of Presumed (Putative) Fathers, The<br />
<br />
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.<br />
Legal definition of "father"<br />
<br />
This issue is not addressed in the statutes reviewed.<br />
<br />
Putative father registry<br />
Rev. Stat. § 8-106.01(A)-(B)<br />
<br />
A person who is seeking paternity, who wants to receive notice of adoption proceedings, and who is the father or claims to be the father of a child shall file notice of a claim of paternity and of his willingness and intent to support the child to the best of his ability with the State Registrar of Vital Statistics in the Department of Health Services. The Department of Health Services shall provide forms for the purpose of filing the notice of a claim of paternity. Forms shall be made available in the Department of Health Services, the office of the clerk of the Board of Supervisors in each county, every hospital, every licensed child-placing agency, the Department of Economic Security, sheriff's offices, jails, prisons, State Department of Corrections facilities, and Department of Juvenile Corrections Facilities.<br />
<br />
The Department of Health Services shall maintain a confidential registry for this purpose.<br />
<br />
Alternate means to establish paternity<br />
Rev. Stat. § 25-812<br />
<br />
This State or the parent of a child born out of wedlock may establish the paternity of a child by filing one of the following with the clerk of the superior court, the Department of Economic Security, or the Department of Health Services:<br />
<br />
* A notarized or witnessed statement that contains the Social Security numbers of both parents and that is signed by both parents acknowledging paternity or two separate substantially similar notarized or witnessed statements acknowledging paternity<br />
* An agreement by the parents to be bound by the results of genetic testing including any genetic test previously accepted by a court of competent jurisdiction, or any combination of genetic testing agreed to by the parties, and an affidavit from a certified laboratory that the tested father has not been excluded<br />
<br />
On filing a document required above, the court shall issue an order establishing paternity, which may amend the name of the child or children, if requested by the parents. The clerk shall transmit a copy of the order to the Department of Health Services and the Department of Economic Security.<br />
<br />
A voluntary acknowledgment of paternity may be filed with the Department of Economic Security, which shall provide a copy to the Department of Health Services. A voluntary acknowledgment of paternity made pursuant to this section is a determination of paternity and has the same force and effect as a superior court judgment.<br />
<br />
Required Information<br />
Rev. Stat. § 8-106.01(B)<br />
<br />
The notice of a claim of paternity may be filed before the birth of the child but shall be filed within 30 days after the birth of the child. The notice of a claim of paternity shall be signed by the putative father and shall include his name and address, the name and last known address of the birth mother, and either the birth date of the child or the probable month and year of the expected birth of the child. The putative father who files a notice of a claim of paternity under this section shall notify the Registrar of Vital Statistics of any change of his address.<br />
<br />
Revocation of claim to paternity<br />
Rev. Stat. § 25-812<br />
<br />
The mother or the father may rescind the acknowledgment of paternity within the earlier of:<br />
<br />
* 60 days after the last signature is affixed to the notarized acknowledgment of paternity that is filed with the Department of Economic Security, the Department of Health Services, or the court<br />
* The date of a proceeding relating to the child, including a child support proceeding in which the mother or father is a party<br />
<br />
A rescission must be in writing, and a copy of each rescission of paternity shall be filed with the Department of Economic Security. The Department of Economic Security shall mail a copy of the rescission of paternity to the other parent and to the Department of Health Services.<br />
<br />
The mother, father, or child may challenge a voluntary acknowledgment of paternity established in this State at any time after the 60-day period only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the challenger and under which the legal responsibilities, including child support obligations of any signatory arising from the acknowledgment shall not be suspended during the challenge except for good cause shown. The court shall order the mother, her child or children, and the alleged father to submit to genetic testing. If the court finds by clear and convincing evidence that the genetic tests demonstrate that the established father is not the biological father of the child, the court shall vacate the determination of paternity and terminate the obligation of that party to pay ongoing child support.<br />
<br />
Access to information<br />
Rev. Stat. § 8-106.01(B)<br />
<br />
The department shall only respond to written inquiries of the confidential registry that are received from the court, the division, a licensed adoption agency, or a licensed attorney participating or assisting in a direct placement adoption.<br />
<br />
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Use of Advertising and Facilitators in Adoptive Placements<br />
<br />
To better understand this issue and to view it across States, see the Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws (PDF - 282 KB) publication.<br />
Use of Advertisement<br />
<br />
This issue is not addressed in the statutes reviewed.<br />
<br />
Use of Intermediaries/Facilitators<br />
Citation: Rev. Stat. §§ 8-130; 8-114; 8-134<br />
<br />
Except as provided below, a person shall not do any of the following unless the person is employed or engaged by and acting on behalf of a licensed adoption agency:<br />
<br />
* Solicit or accept employment or engagement, for compensation, by or on behalf of a parent or guardian for assistance in the placement of a child for adoption<br />
* Solicit or accept employment or engagement, for compensation, by or on behalf of any person to locate or obtain a child for adoption<br />
<br />
An attorney licensed to practice law in this State may assist and participate in direct placement adoptions and may receive compensation to the extent the court finds reasonable if the person granting consent to the adoption has chosen a specific adopting parent without prior involvement of the attorney or if the choice is made only from among persons currently certified by the court as acceptable to adopt children.<br />
<br />
An attorney may be paid for the attorney's services in connection with the adoption only the amount the court approves as being reasonable and necessary.<br />
<br />
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Who May Adopt, Be Adopted, or Place a Child for Adoption<br />
<br />
To better understand this issue and to view it across States, see the Who May Adopt, Be Adopted, or Place a Child for Adoption: Summary of State Laws (PDF - 327 KB) publication.<br />
Who May Adopt<br />
Citation: Rev. Stat. § 8-103<br />
Any adult resident of the State, whether married, unmarried, or legally separated, is eligible to adopt. A husband and wife may jointly adopt.<br />
<br />
Who May Be Adopted<br />
Citation: Rev. Stat. § 8-102<br />
The following persons may be adopted:<br />
<br />
* A child<br />
* A foreign-born person age 21 or less who is not an illegal alien<br />
<br />
A person to be adopted must be present within the State at the time the petition is filed.<br />
<br />
Who May Place a Child for Adoption<br />
Citation: Rev. Stat. §§ 8-106; 8-130; 8-101<br />
A child may be placed as follows:<br />
<br />
* The child's birth or adoptive parent may consent to a direct placement or an agency placement.<br />
* A licensed child-placing agency or the Department of Economic Security may handle a direct placement or an agency placement.<br />
* A State-licensed attorney may handle direct placements.<br />
<br />
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