A.R.S. tit. 8 ch. 4 — Arizona Revised Statutes Title 8 Chapter 4 — Department Of Child Safety

8-451. Department; purpose A. The department of child safety is established. B. The primary purpose of the department is to protect children. To achieve this purpose, the department shall do and focus equally on the following: 1. Investigate reports of abuse and neglect. 2. Assess, promote and support the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse or neglect. 3. Work cooperatively with law enforcement regarding reports that include criminal conduct allegations. 4. Without compromising child safety, coordinate services to achieve and maintain permanency on behalf of the child, strengthen the family and provide prevention, intervention and treatment services pursuant to this chapter. 8-452. Director; appointment; qualifications; compensation A. The governor shall appoint the director of the department pursuant to section 38-211. The director serves at the pleasure of the governor. B. At a minimum, the director shall have: 1. Administrative experience in the protection of children from maltreatment and in family support services. 2. Qualifications and training that enable the director to manage the affairs of the department. C. The director is eligible to receive compensation pursuant to section 38-611. 8-453. Powers and duties A. The director shall: 1. Carry out the purposes of the department prescribed in section 8-451. 2. Provide transparency by being open and accountable to the public for the actions of the department. 3. Develop a data system that enables persons and entities that are charged with a responsibility relating to child safety to access all relevant information relating to an abused, neglected or abandoned child as provided by law. 4. Subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, employ deputy directors and other key personnel based on qualifications that are prescribed by the director. 5. Adopt rules to implement the purposes of the department and the duties and powers of the director. 6. Petition, as necessary to implement the case plan established under section 8-824 or 8-845, for the appointment of a guardian or a temporary guardian under title 14, chapter 5 for children who are in the custody of the department pursuant to court order. Persons applying to be guardians or temporary guardians under this section shall be fingerprinted. A foster parent or certified adoptive parent already fingerprinted is not required to be fingerprinted again, if the foster parent or certified adoptive parent is the person applying to be the guardian or temporary guardian. 7. Cooperate with other agencies of this state, county and municipal agencies, faith-based organizations and community social services agencies, if available, to achieve the purposes of this chapter. 8. Exchange information, including case specific information, and cooperate with the department of economic security for the administration of the department of economic security's programs. 9. Administer child welfare activities, including: (a) Cross-jurisdictional placements pursuant to section 8-548. (b) Providing the cost of care of: (i) Children who are in temporary custody, are the subject of a dependency petition or are adjudicated by the court as dependent and who are in out-of-home placement, except state institutions. (ii) Children who are voluntarily placed in out-of-home placement pursuant to section 8-806. (iii) Children who are the subject of a dependency petition or are adjudicated dependent and who are in the custody of the department and ordered by the court pursuant to section 8-845 to reside in an independent living program pursuant to section 8-521. (c) Providing services for children placed in adoption. 10. Formulate policies, plans and programs to effectuate the missions and purposes of the department. 11. Make contracts and incur obligations within the general scope of the department's activities and operations subject to the availability of funds. 12. Coordinate with, contract with or assist other departments, agencies and institutions of this state and local and federal governments in the furtherance of the department's purposes, objectives and programs. 13. Accept and disburse grants, matching funds and direct payments from public or private agencies for the conduct of programs that are consistent with the overall purposes and objectives of the department. 14. Collect monies owed to the department. 15. Act as an agent of the federal government in furtherance of any functions of the department. 16. Carry on research and compile statistics relating to the child welfare program throughout this state, including all phases of dependency. 17. Cooperate with the superior court in all matters related to this title and title 13. 18. Provide the cost of care and transitional independent living services for a person under twenty-one years of age pursuant to section 8-521.01. 19. Ensure that all criminal conduct allegations and reports of imminent risk of harm are investigated. 20. Ensure the department's compliance with the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963). 21. Strengthen relationships with tribal child protection agencies or programs. B. The director may: 1. Take administrative action to improve the efficiency of the department. 2. Contract with a private entity to provide any functions or services pursuant to this title. 3. Apply for, accept, receive and expend public and private gifts or grants of money or property on the terms and conditions as may be imposed by the donor and for any purpose provided for by this title. 4. Reimburse department volunteers, designated by the director, for expenses in transporting clients of the department on official business. Volunteers reimbursed for expenses are not eligible for workers' compensation under title 23, chapter 6. C. The department shall administer individual and family services, including sections on services to children and youth and other related functions in furtherance of social service programs under the social security act, as amended, title IV, parts B and E, grants to states for aid and services to needy families with children and for child-welfare services, title XX, grants to states for services and other related federal acts and titles. D. Notwithstanding any other law, a state or local governmental agency or a private entity is not subject to civil liability for the disclosure of information that is made in good faith to the department pursuant to this section. E. Notwithstanding section 41-192, the department may employ legal counsel to provide legal advice to the director. The attorney general shall represent the department in any administrative or judicial proceeding pursuant to title 41, chapter 1, article 5. F. The total amount of state monies that may be spent in any fiscal year by the department for foster care as provided in subsection A, paragraph 9, subdivision (b) of this section may not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section does not impose a duty on an officer, agent or employee of this state to discharge a responsibility or create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose. 8-454. Department organization A. The director shall organize the department to best implement the following functions: 1. Receiving, analyzing and efficiently responding to reports of possible abuse or neglect as provided in section 8-455. 2. Appropriately investigating the reports whether or not they involve criminal conduct allegations as provided in section 8-456. 3. Coordinating services necessary for the child or the child's family as provided in section 8-457. 4. Overseeing adoption pursuant to chapter 1 of this title and foster care pursuant to article 4 of this chapter. 5. Reviewing and reporting the actions of the department to ensure that the actions comply with statute and the rules and policies of the department and reporting significant violations as provided in section 8-458. B. Subject to title 41, chapter 4, article 4, the director shall employ: 1. A chief of the office of child welfare investigations. The chief is the administrative head of the office of child welfare investigations and shall report directly to the director. 2. An inspector general. The inspector general is the administrative head of the inspections bureau and shall report directly to the director. 3. Administrators to serve as the administrative heads of the other bureaus of the department, who may report directly to the deputy director. 8-455. Centralized intake hotline; purposes; report of possible crime; DCS report; standardized hotline assessment tools; access to information; public awareness; definitions A. The department shall operate and maintain a centralized intake hotline to protect children by receiving at all times communications concerning suspected abuse or neglect. If a person communicates suspected abuse or neglect to a department employee other than through the hotline, the employee shall refer the person or communication to the hotline. B. The hotline is the first step in the safety assessment and investigation process and must be operated to: 1. Record communications made concerning suspected abuse or neglect. 2. Immediately take steps necessary to identify and locate prior communications and DCS reports related to the current communication using the department's data system and the central registry system of this state. 3. Quickly and efficiently provide information to a law enforcement agency or prepare a DCS report as required by this section. 4. Determine the proper initial priority level of investigation based on the report screening assessment and direct the DCS report to the appropriate part of the department based on this determination. 5. Quickly and efficiently show in a single report the entire history of a child and that child's siblings who have been the subject of prior hotline calls or department investigations. The hotline worker shall review the narrative of every call received for that child from the previous ninety days. C. If a communication provides a reason to believe that a criminal offense has been committed and the communication does not meet the criteria for a DCS report, the hotline worker shall immediately provide the information to the appropriate law enforcement agency. D. A hotline worker shall prepare a DCS report if the identity or current location of the child victim, the child's family or the person suspected of abuse or neglect is known or can be reasonably ascertained and all of the following are alleged: 1. The suspected conduct would constitute abuse or neglect. If the suspected conduct involves neglect as defined in section 8-201, paragraph 25, subdivision (c) and a health professional determines that the newborn infant was exposed prenatally to cannabis as defined in section 13-3401, the department shall verify whether the mother is a qualifying patient as defined in section 36-2801 and possesses a valid registry identification card issued pursuant to section 36-2804.03. 2. The suspected victim of the conduct is under eighteen years of age. 3. The suspected victim of the conduct is a resident of or present in this state. 4. The person suspected of committing the abuse or neglect is the parent, guardian or custodian of the victim or an adult member of the victim's household. E. A hotline worker shall prepare a DCS report if the identity of the person who is suspected of abuse is an employee of a child welfare agency and both of the following apply: 1. The child victim is placed with the child welfare agency. 2. The child welfare agency is licensed by and contracted with the department. F. A hotline worker shall review calls to the hotline that were received in the previous ninety days and that did not meet the criteria for a DCS report and may use the information that is contained in prior hotline calls when making a determination if an allegation meets the criteria for a DCS report. G. Except for criminal conduct allegations, the department is not required to prepare a DCS report if all of the following apply: 1. The suspected conduct occurred more than three years before the communication to the hotline. 2. There is no information or indication that a child is currently being abused or neglected. H. Investigations of DCS reports shall be conducted as provided in section 8-456 except for investigations containing allegations of criminal conduct, which shall be conducted as provided in section 8-471. I. The department is not required to prepare a DCS report concerning alleged abuse or neglect if the alleged act or acts occurred in a foreign country and the child is in the custody of the federal government. J. If the department receives four or more reports of abuse or neglect in less than twelve months regarding the same caregiver, the office that receives the report for investigation shall assign the investigation to a child safety specialist who has at least two years' experience or, if available, a child safety specialist who has advanced forensic training. K. If the hotline receives a call that alleges the abuse or neglect of a child who is the subject of a dependency action pursuant to article 8 of this chapter, the department shall disclose those calls to the court that has jurisdiction over the child's dependency action. L. The department shall develop and train hotline workers to use standardized hotline assessment tools to determine: 1. Whether the suspected conduct constitutes abuse or neglect and the severity of the suspected abuse or neglect. 2. Whether the suspected abuse or neglect involves criminal conduct, even if the communication does not result in the preparation of a DCS report. 3. The appropriate investigative track for referral based on the risk to the child's safety. M. A DCS report must include, if available, all of the following: 1. The name, address or contact information for the person making the communication. 2. The name, address and other location or contact information for the parent, guardian or custodian of the child or other adult member of the child's household who is suspected of committing the abuse or neglect. 3. The name, address and other location or contact information of an employee of a child welfare agency who is suspected of committing abuse if both of the following apply: (a) The child victim is placed with the child welfare agency. (b) The child welfare agency is licensed by and contracted with the department. 4. The name, address and other location or contact information for the child. 5. The nature and extent of the indications of the child's abuse or neglect, including any indication of physical injury. 6. Any information regarding possible prior abuse or neglect, including reference to any communication or DCS report involving the child, the child's siblings or the person suspected of committing the abuse or neglect. N. Information gathered through the hotline must be made available to an employee of the department in order to perform the employee's duties. The office of child welfare investigations and the inspections bureau must have immediate access to all records of the hotline. O. A representative of the: 1. Office of child welfare investigations must be embedded in the hotline to carry out the purposes of section 8-471. 2. Inspections bureau must be embedded in the hotline to carry out the purposes of section 8-458. P. The department shall publicize the availability and the purposes of the centralized intake hotline. Q. For the purposes of this section: 1. "Centralized intake hotline" or "hotline" means the system developed pursuant to this section regardless of the communication methods or technologies used to implement the system. 2. "Criminal offense" means an allegation of conduct against a child by a person other than a parent, guardian or custodian of the child victim or another adult member of the child's household that, if true, would constitute a felony offense. 8-456. Investigative function; training; voice stress analysis; recordings; criminal offenses; definitions A. The department shall train all investigators in forensic interviewing and processes and the protocols established pursuant to section 8-817. The training must include: 1. An evidence-informed safety assessment model to assess the safety of a child. 2. The duty to protect the legal and due process rights of children and families from the time of the initial contact through case closure. 3. Instruction on a child's rights as a crime victim and instruction on the legal rights of parents. 4. A checklist or other mechanism to assist the investigator in giving consideration to the relevant factors in each investigation. B. The office of child welfare investigations shall investigate DCS reports that contain a criminal conduct allegation as provided in sections 8-471 and 8-817. C. The department shall use an evidence-informed safety assessment model to assess the safety of a child. D. After receiving a DCS report from the centralized intake hotline pursuant to section 8-455, an investigator shall do all of the following: 1. Make a prompt and thorough investigation. An investigation must evaluate and determine the nature, extent and cause of any condition created by the parents, guardian or custodian, an adult member of the victim's household or an employee of a child welfare agency where the child is placed that is licensed by and contracted with the department that would tend to support or refute the allegation that the child is a victim of abuse or neglect and determine the name, age and condition of other children in the home. If an investigator has sufficient information to determine that the child is not a victim of abuse or neglect, the investigator may close the investigation. 2. If required by section 8-821 and subject to section 8-471, take a child into temporary custody. Law enforcement officers shall cooperate with the department to remove a child from the custody of the child's parents, guardian or custodian when necessary. E. The department may not use covert voice stress analysis during an investigation to determine if abuse or neglect exists. The department may not use overt voice stress analysis during an investigation unless the person on whom the analysis is used gives informed consent. Results of computer voice stress analysis are not admissible in court. F. After an investigation, an investigator shall: 1. Determine whether any child is in need of child safety services consistent with the evaluation and determination made pursuant to subsection D of this section. 2. If appropriate pursuant to section 8-846, offer to the family of any child who is found to be a child in need of child safety services those services that are designed to correct unresolved problems that would indicate a reason to adjudicate the child dependent. 3. Submit a written report of the investigator's investigation to: (a) The department's case management information system within a reasonable amount of time that does not exceed forty-five days after receipt of the DCS report except as provided in section 8-811. If the investigation involves allegations regarding a child who at the time of the alleged incident was in the custody of a child welfare agency licensed by the department under this title, a copy of the report and any additional investigative or other related reports must be provided to the board of directors of the agency or to the administrative head of the agency unless the incident is alleged to have been committed by the person. The department shall excise all information with regard to the identity of the source of the reports. (b) The appropriate court forty-eight hours before a dependency hearing pursuant to a petition of dependency or within twenty-one days after a petition of dependency is filed, whichever is earlier. On receipt of the report the court shall make the report available to all parties and counsel. 4. Accept a child into voluntary placement pursuant to section 8-806. 5. Identify, promptly obtain and abide by court orders that restrict or deny custody, visitation or contact by a parent or other person in the home with the child and notify appropriate personnel in the department to preclude violations of a court order in the provision of any services. G. In conducting an investigation pursuant to this section, if the investigator is made aware that an allegation of abuse or neglect may also have been made in another state, the investigator shall contact the appropriate agency in that state to attempt to determine the outcome of any investigation of that allegation. H. If an investigation indicates a reason to believe that a criminal offense has been committed, the investigator shall immediately provide the information to the appropriate law enforcement agency and the office of child welfare investigations, unless the information was previously provided pursuant to section 8-455. I. Except in judicial proceedings, a parent or legal guardian may not be prohibited from recording conversations with the department pursuant to this section. J. Before implementing a new safety assessment model, the department shall present the proposed change to the joint legislative oversight committee on the department of child safety established by section 41-1292 or to the committees with jurisdiction over the department in the senate and house of representatives. K. For the purposes of this section: 1. "Evidence-informed" means based on the best available child welfare research and practice information. 2. "Investigator" means an employee of the department who investigates allegations of abuse or neglect pursuant to a DCS report. 8-457. Service coordination function A. The department may arrange, provide and coordinate programs and services that protect children and may provide programs and services that achieve and maintain permanency on behalf of the child, strengthen the family and provide prevention, intervention and treatment for abused and neglected children. B. If a child and the child's family require assistance from the department, all of the following apply: 1. The health and safety of the child is the primary concern. 2. Reasonable efforts must be made to provide the assistance in the method that is least intrusive and least restrictive to the family and that is consistent with the needs of the child. 3. Reasonable efforts must be made to deliver the assistance in a culturally appropriate manner and as close as possible to the home community of the child or family requiring assistance. C. In addition to the requirements of federal law, the case plan shall: 1. Set appropriate time limits on the services provided. 2. Clearly describe the actions the department might pursue if the family: (a) Participates in the services outlined in the case plan and does what is required for the child to be safe in the home. (b) Does not participate in the services outlined in the case plan and does not make the changes required for the child to be safe in the home. D. The department shall establish procedures to ensure that appropriate services have been initiated as scheduled. E. In determining if a case should be open for ongoing services, the department shall consider as the primary factors if there exists a present or future risk of harm to any child in the family and if services can mitigate the identified risks. Based on the investigation of the case and the results of the risk assessment, the department shall determine whether to close the case, offer voluntary child safety services or open a case for ongoing services. F. If a case will be open for ongoing services, the department shall determine if the services are to be provided in one of the following ways: 1. Through a voluntary agreement with the department. 2. Pursuant to a petition for in-home intervention. 3. Pursuant to a petition for in-home or out-of-home dependence. 8-458. Inspections bureau; monitoring and evaluation; quality assurance process A. The director shall establish an inspections bureau to do both of the following: 1. Ensure that department policies and procedures are being followed by all staff in accordance with federal and state law. 2. Promptly notify the director of department actions that constitute a significant violation of policy or state or federal law. B. The inspections bureau shall monitor specific programs and services and shall continuously improve the practices of the department. Monitoring and evaluation: 1. May be by formal audits, various levels of inspections, program evaluation and any other quality assurance activity deemed appropriate by the director. 2. Must include suggestions for policy changes and evaluation of best practices and programming. C. The inspections bureau shall issue a report that clearly states the justification for any proposed change in a standardized hotline assessment tool that is not a result of legislative action or an adopted administrative rule. The inspections bureau shall submit this report to the joint legislative oversight committee on the department of child safety established by section 41-1292 at least thirty days before the proposed change in a standardized hotline assessment tool is implemented. D. The department shall establish a quality assurance process and methodology by which data-based decisions are made. This process must include consistently measuring process outcomes and examining current practices through quality assurance activities. The department shall use this quality assurance data to establish appropriate programs and improve practices within the department. E. If possible, the inspections bureau shall attempt to correct the problems at the immediate level by coaching, mentoring and teaching employees who are present during the inspection. F. The inspections bureau shall have access to all records and information of the department necessary to carry out this section. 8-459. Community advisory committee; duties; membership A. The community advisory committee is established to provide a community forum: 1. To inform the department, analyze current law and policy and make recommendations to improve the ability of the department to increase the safety of children, respond to child maltreatment and ensure the well-being of and timely permanency for children who are referred to and involved in the child welfare system. 2. For collaboration among state, local, community, tribal, public and private stakeholders in child welfare programs and services that are administered by the department. 3. To improve communication between mandatory reporters and the department. B. The committee consists of one representative of each of the following who is appointed by and serves at the pleasure of the director: 1. Child welfare agencies that directly provide contracted services to children and their families. 2. Child advocacy organizations that deal with child welfare system policy issues. 3. Current or former foster or adoptive parents. 4. Medical providers, with a preference for pediatricians, who have experience in diagnosing and treating injuries related to abuse and neglect. 5. Volunteers with the foster care review board or court appointed special advocate program. 6. Persons with an academic appointment to a state university who conduct research in child welfare services, child maltreatment or child abuse or neglect. 7. The courts. The representative must be involved in child welfare issues. 8. A rural area in this state who has experience in the child welfare system. 9. A Native American tribe or nation who has experience in the child welfare system. 10. A child advocacy organization that advocates for or represents children who are victims of crime. 11. Persons who have experience with children with special needs and the child welfare system. 12. A law enforcement agency. The representative must have experience with the department on cases that involve criminal conduct allegations. 13. Schools. The representative must have experience in the child welfare system. 14. A faith-based organization. The representative must have experience in the child welfare system. C. Members of the committee are not eligible to receive compensation. D. The committee shall meet at least quarterly and shall file a report of its activities and recommendations during each fiscal year with the director on or before August 15 following the fiscal year. The director shall post the report on the department's website. 8-460. Acquisition of lands and buildings; lease-purchase agreements; lease or sublease of lands or buildings A. The director may acquire for and in the name of this state by gift, grant, lease, lease-purchase agreement or otherwise lands or buildings for the purpose of providing office space for the department at places the director finds necessary and suitable, but land or a building may not be acquired by purchase or lease-purchase without the prior approval of the joint committee on capital review and an appropriation of monies by the legislature for the acquisition. B. Any lease-purchase agreement relating to land acquisition, capital projects, energy systems or energy management systems under this section shall provide that: 1. The obligation of this state to make any payment under the agreement is a current expense of the department, payable exclusively from appropriated monies, and is not a general obligation indebtedness of this state or the department. 2. If the legislature fails to appropriate monies or the department fails to allocate appropriated monies for any periodic payment or renewal term of the agreement, the agreement terminates at the end of the current term and this state and the department are relieved of any subsequent obligation under the agreement. 3. The agreement must be reviewed and approved by the attorney general and the director of the department of administration before the agreement may take effect. 4. The agreement must be reviewed and approved by the joint committee on capital review before the agreement takes effect. C. The department may covenant to use its best efforts to budget, obtain, allocate and maintain sufficient appropriated monies to make payments under a lease-purchase agreement, but the agreement shall acknowledge that appropriating state monies is a legislative act and is beyond the control of the department or any other party to the agreement. D. A lease-purchase agreement under this section shall be submitted to the following entities: 1. The attorney general to review for compliance with the constitution and laws of this state. If in the attorney general's opinion the agreement complies with the constitution and laws, the attorney general shall append the attorney general's certification to the agreement, return it to the department and transmit a copy to the joint committee on capital review. On request by the director the attorney general may give other opinions relating to the agreement. 2. The director of the Arizona department of administration to review for compliance with the laws of this state. If in the director's opinion the agreement complies with the laws of this state, the director shall append the director's certification to the agreement, return it to the department and transmit a copy to the joint committee on capital review. E. A lease-purchase agreement under this section shall be reviewed and approved by the joint committee on capital review before the agreement takes effect. F. The director may lease or sublease to others at fair rental value any land or building that is acquired pursuant to this section. The director may lease or sublease any building that is acquired pursuant to this section on other terms or conditions if the lessee is a state entity or political subdivision of this state. All net lease income must be credited to the department's occupancy appropriation. G. A lease or sublease to others that is granted pursuant to subsection F of this section is exempt from section 41-2752 and is not subject to title 41, chapter 23. The director may prioritize lease or sublease tenants based on the needs of the department and in the public interest with preference given to the following in the order provided: 1. State entities. 2. Political subdivisions. 3. Community partners. H. The department may pay or advance gross initial and routine lease and sublease related expenditures. The gross initial and routine expenditures that are paid or advanced must be reimbursed to the department before the net lease income is credited to the department's occupancy appropriation pursuant to subsection F of this section. 8-461. Child safety collections; fund; definition A. If a recipient of public assistance has a person who is legally responsible for that person's support and who is presently able to reimburse the department for public assistance provided, the department, through the attorney general or county attorney, shall proceed in the following order against: 1. The spouse of a recipient. 2. The former spouse of a recipient. 3. A father or mother not presently receiving public assistance. 4. Any other legally responsible person. B. If a recipient of public assistance receives an overpayment of support or is determined ineligible, the department may recover the support incorrectly paid during that time period. The department shall deposit monies recovered in the child safety collections fund established pursuant to this section. C. On request of the department, the attorney general or county attorney shall commence an action in the superior court in the county where the recipient of public assistance resides or in the superior court in Maricopa county, against the persons in the order specified in subsection A of this section, to recover the assistance granted and to secure an order requiring payment of amounts that become due in the future for which the person is liable. D. The child safety collections fund is established consisting of monies received pursuant to this section and section 41-2752. The department shall administer the fund. Subject to legislative appropriation, the department shall use fund monies to improve public assistance collection activities. The department shall deposit, pursuant to sections 35-146 and 35-147, twenty-five per cent of the monies collected pursuant to this section in the child safety collections fund and seventy-five per cent of the monies collected pursuant to this section in the state general fund. Notwithstanding this subsection, the department shall deposit, pursuant to sections 35-146 and 35-147, fifty per cent of the monies collected pursuant to section 41-2752 in the child safety collections fund and the remaining fifty per cent of the monies collected pursuant to section 41-2752 shall be deposited in the state general fund. E. For the purposes of this section, "public assistance" means monies paid by the department to or for the benefit of a dependent child and foster care maintenance paid pursuant to 42 United States Code sections 670 through 676. 8-462. Housing assistance A. Notwithstanding any other provision in this title, the department may provide special housing assistance in the form of vendor payments to achieve permanency for children who are involved in open child safety services cases. The child's family may qualify for this special housing assistance only if the lack of adequate housing is a significant barrier preventing the child from being reunited with or being able to remain with the child's family or other caretakers who will provide permanency for the child. The amount of housing assistance provided by the department for each family for an incident shall not exceed one thousand eight hundred dollars during a six month period. The housing assistance may only be used for rent, utilities, deposits and arrears. The department may provide housing assistance only if other resources are unavailable. B. The case record for the child and family shall contain a reference to the lack of adequate housing. C. The case record shall reflect barriers that the family faces in obtaining adequate housing, a specific, time oriented plan for phasing out the need of the family for continued housing assistance, the actions that are being taken by the family for economic self-sufficiency and a complete financial picture of the family at the time of application to the program, including housing related expenses and income, including entitlements. D. For the period a family is receiving housing assistance, the department shall provide case management services that include monitoring the financial situation of the family. 8-463. Department of child safety employees; employees of contractors; fingerprint requirement A. Each employee of the department who has contact with children or who is employed in an information technology position shall have a valid fingerprint clearance card issued pursuant to section 41-1758.07 or provide to the department documentation of the person's application for a fingerprint clearance card. The employee shall certify on forms that are provided by the department and that are notarized that the employee is not awaiting trial on or has never been convicted of or admitted in open court or pursuant to a plea agreement to committing any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction. B. The department may not disclose information obtained pursuant to this section except to members of the department's staff solely for employment purposes. C. An employee of a contractor or subcontractor who is employed in an information technology position and who will have access to department information as part of the employee's job duties must meet the requirements of subsection A of this section. An employee of a contractor or subcontractor in an information technology position may not have access to department information until the employee meets the requirements of subsection A of this section. If such an employee fails to obtain a fingerprint clearance card, the employee shall immediately be denied access to any department information technology system. The contractor or subcontractor is responsible for the costs of obtaining the employee's fingerprint clearance card and may charge these costs to the fingerprinted employee. The department may allow all or part of the costs to obtain a fingerprint clearance card to be included as an allowable cost in a contract. 8-464. Electronic communication by department A. Notwithstanding any other law, if the department is required to provide an administrative order, a notice or a letter to an applicant, a recipient or a client, the department may send the administrative order, notice or letter by electronic means if the party being served or notified consents. B. Consent may be obtained in writing on a form approved by the department, verbally on the record in a hearing or electronically through the department's website by the party being served following an affirmative consent procedure. At the time of consent, the party must be advised of the nature of the notices to be delivered or served, the legal consequence of the choice and the right to revoke the consent. Consent may be provided for a proceeding or for notices provided on an ongoing basis. C. Delivery or service by electronic means is complete on transmission unless it is established that delivery or transmission of the electronic document failed due to department error or failure of the recipient to receive the electronic document for any other reason outside the control of the recipient. D. Consent may be revoked in writing to the department or by following an affirmative revocation procedure established on the department's website. E. If the department receives electronic notice that the electronic address to which a document is being sent is no longer valid or is otherwise not functioning, the department shall deem the consent to electronic notice to have been revoked and the document shall be served by mail. F. This section only applies to notices, decisions and orders required for services and programs of the department. This section does not apply to a notice that is required in connection with litigation before a court of record in this state. 8-465. Auditor general; department audit team; duties A. The auditor general shall establish an audit team to be located in the department of child safety to provide ongoing performance reviews and analyses. B. Pursuant to an audit plan adopted after review by the joint legislative audit committee, the audit team may: 1. Determine the validity and accuracy of information reported by the department to the legislature. 2. Perform other reviews and analyses relating to the department. 3. Review a specific department function or process. 4. Review the management of the case management system, including data accuracy and system errors, that is used by the department to track the placement and location of children in the care of the department. C. Pursuant to section 41-1279.04, the department shall provide the auditor general access to any data from the department, including electronic data, that the auditor general deems necessary to perform the duties prescribed in this section. This data shall be provided in the manner and format prescribed by the auditor general. 8-466. Child and family advocacy center; requirements for funding; immunity; definition A. To be considered for funding from the child and family advocacy center fund established by section 41-191.11, a child and family advocacy center must be a private, nonprofit incorporated agency or a governmental entity that either: 1. Is accredited by a national organization that is organized to promote multidisciplinary child abuse investigation and prosecution programs as outlined in 42 United States Code sections 13001 through 13005 and is a member of or affiliated with an organization that has set core standards for best practices of a child and family advocacy center. 2. Annually certifies to the attorney general that the center meets all of the following: (a) Maintains and provides services at a neutral facility that is focused on victims and that allows: (i) Evidence-based forensic interviews by a trained forensic interviewer of victims or witnesses of one or more suspected offenses. (ii) Interaction with a victim as investigative or treatment needs or victim services require. (b) Has a multidisciplinary case review team that meets on a regular basis and that consists of members who are appropriate for serving a victim of a suspected offense. Membership of the team may include: (i) A representative of the department. (ii) A representative of the county attorney. (iii) A mental health service provider. (iv) A representative of law enforcement. (v) A victim advocate. (vi) A forensic medical professional. (vii) A forensic interviewer. (c) Provides medical evaluations or referrals for medical evaluations by a health care provider who has specific training in child or adult sexual abuse. (d) Provides mental health therapy or referrals for mental health therapy by professionals who have training in and who provide trauma-focused and evidence-supported mental health treatment. (e) Facilitates evidence-based training for various disciplines in the community that respond to reports of one or more suspected offenses. (f) Has a written commitment from any agency that is participating in the multidisciplinary approach to handling one or more suspected offenses. (g) Provides the attorney general with proof of compliance with standards prescribed pursuant to this section. (h) Complies with the relevant safety assessment and investigation protocols developed pursuant to section 8-817. B. An employee or designated agent of a child and family advocacy center that meets the requirements of subsection A of this section is immune from any civil liability that arises from the employee's or designated agent's participation in the investigation process and services provided by the child and family advocacy center, unless the employee or designated agent acted with malice or has been charged with or is suspected of abusing or neglecting the child who is the subject of the investigation or services provided. This subsection does not displace or limit any other immunity provided by law. C. For the purposes of this section, "suspected offense" means one or more of the following: 1. Child abuse or neglect. 2. Abuse of an adult or a vulnerable adult. 3. Sexual assault. 4. Domestic violence. 5. Juvenile sex trafficking. 6. Homicide. 8-467. Child welfare licensing fees; fund; uses; trust; definition A. The department may establish and collect fees from noncontracting licensees for the purpose of licensing and supervising noncontracting licensees. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies collected under this subsection in the child welfare licensing fee fund. B. The child welfare licensing fee fund is established consisting of all fees collected pursuant to subsection A of this section and monies appropriated by the legislature. The department shall administer the fund. Monies in the fund are both of the following: 1. Subject to legislative appropriation. 2. Exempt from the provisions of section 35-190 relating to lapsing of appropriations. C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from the investment shall be credited to the fund. D. Fund monies shall be used to pay the costs incurred by the department for both of the following: 1. The issuance of licenses to noncontracting licensees. 2. The inspection, examination, suspension, denial, revocation or change of licenses of noncontracting licensees pursuant to sections 8-504 and 8-506.01. E. Any fee that is authorized by law or rule and that is deposited in the fund is held in trust. The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the state general fund of this state. F. For the purposes of this section, "noncontracting licensee" means a licensee that does not contract with this state, that contracts with the federal government, that receives only federal monies and that employs individuals who provide direct services to children. 8-468. Federal benefits; dependent children; application; prohibition; accounting; notice; annual review A. For all children in the care of the department of child safety, the department shall determine whether each child is receiving or eligible for benefits administered by the social security administration or the veterans administration within sixty days after the child enters the department's care. If the department determines that a child is eligible or may be eligible for federal benefits, the department shall apply for the benefits on behalf of the child. B. If a child is already receiving benefits before entering the department's care or if the department applies for benefits on behalf of the child, the department shall apply to serve as the representative payee until someone other than the department is appointed to serve as the representative payee. If the department is appointed to serve as the representative payee, the department: 1. May not use the child's federal benefits, other benefits, savings or assets to pay for or to reimburse the department or this state for any of the costs of the child's care. 2. May use the child's federal benefits for the child's unmet needs beyond what the department is obligated, is required or agrees to pay. 3. Shall establish an appropriate account to use and conserve the child's benefits in the child's best interest for current unmet needs and future needs in a manner consistent with federal and state asset and resource limits. The account may include any of the following: (a) A special needs trust. (b) A pooled special needs trust. (c) An achieving a better life experience account established pursuant to section 529a of the internal revenue code. (d) Any other trust account determined not to interfere with social security or asset limitations for any other benefit program. 4. In addition to the requirements prescribed in section 14-9115, shall provide an annual accounting as to the use, application or conservation of the child's federal benefits to the child, the child's attorney and the child's parents or guardians. 5. Following the initial application to serve as the representative payee, shall remain the representative payee only if no other appropriate person is available to serve as the representative payee. Within thirty days after the application to serve as the representative payee is approved by the social security administration and at each subsequent report and review hearing or permanency planning hearing, the department shall file with the court documentation of the department's efforts to identify an appropriate person who is outside of the department and who could better serve as the representative payee. 6. Not later than an annual screening or on the request of the child or the child's attorney, shall consult with the parties to the case to determine if an appropriate person who is outside of the department, and on approval by the social security administration, could better serve as the representative payee. The department shall also consult with the parties whenever a change in circumstances occurs that might make an appropriate person who is outside of the department available to serve as the representative payee. C. The department shall notify the child, the child's parents, unless parental rights have been terminated, the child's guardian, the child's current placement and the child's attorney of any application, decision or appeal related to a child's federal benefits. In providing notice of any denial of benefits, the department shall consult with the child's attorney and appeal the denial if it is in the child's best interests. D. The department shall annually review cases of children in the department's care to determine whether a child may have become eligible for benefits after the department's initial assessment. E. Notwithstanding any other law, on termination of the department's responsibility for the child, the department shall release any monies remaining to the child's credit pursuant to the requirements of the funding source or, in the absence of any requirements, shall release the remaining monies to: 1. The child, if the child is at least eighteen years of age or is emancipated. 2. The person who is responsible for the child if the child is a minor and is not emancipated. 8-469. Child safety fatality and near fatality review team; membership; duties; definition A. The child safety fatality and near fatality review team is established in the department of child safety to review all reports of fatalities and near fatalities of a child made to the child abuse hotline. The team shall: 1. Hold regular multidisciplinary team meetings to review reports of child fatalities or near fatalities where the department had prior involvement with the child, the child's family or the perpetrator. 2. Identify systemic trends that influence decisions and actions made by the department. 3. Recommend changes to policy and practice to improve outcomes for children and families. 4. Promote a culture of psychological safety within the department by responding to fatality and near fatality cases in a manner that promotes learning, transparency and employee health. 5. Produce an annual child fatality and near fatality report as prescribed by subsection E of this section. 6. Select cases that present opportunities for systemic learning or that demonstrate opportunities for systemic change and respond to requests for further information by a standing committee of the legislature, a joint legislative oversight committee or another committee appointed by the president of the senate or the speaker of the house of representatives. B. The child safety fatality and near fatality review team shall hold regular multidisciplinary team meetings to: 1. Review reports of child fatalities or near fatalities made to the child abuse hotline where the department had involvement with the child, the child's family or the perpetrator within the prior three years. 2. Select cases for systemic learning and order the child safety fatality and near fatality review team to do a systemic critical incident review of those cases. 3. Receive findings from systemic critical incident reviews at least quarterly and recommend changes to department policy and practice. C. The multidisciplinary team shall consist of department employees designated by the director. The director shall also appoint, at a minimum, the following public members who shall be trained in safe system improvement: 1. A licensed pediatrician who has professional experience relating to child abuse and neglect. 2. A peace officer who has experience investigating child abuse and neglect fatalities and near fatalities. 3. A practicing social worker. 4. A behavioral health practitioner. 5. An attorney who has past professional experience representing children in child abuse and neglect cases. D. In conducting child fatality and near fatality reviews, the multidisciplinary team may consult with the department of health services, the department of economic security, the Arizona health care cost containment system or any other governmental entity that may have information pertinent to a child fatality or near fatality. E. The department shall produce an annual report of information gathered during its review of child fatalities and near fatalities. This report shall include all of the following: 1. The total number of fatality and near fatality reports in a fiscal year, by county. 2. The number of allegations that are substantiated and unsubstantiated. 3. The number of reports due to abuse and whether the reports were substantiated or unsubstantiated. 4. The number of reports due to neglect and whether the reports were substantiated or unsubstantiated. 5. The number of reports where the family had previous department involvement. 6. Systemic trends that influence the practice and decisions made by the department and areas for improvement. 7. Details of cases that present opportunities for systemic learning or that demonstrate opportunities for systemic change. F. Multidisciplinary team meetings are not subject to title 38, chapter 3, article 3.1. G. The department shall present the report required by subsection E of this section at a public meeting of a standing committee of the legislature, a joint legislative oversight committee or a committee appointed by the president of the senate or the speaker of the house of representatives for the purpose of informing policymakers on systemic changes required to improve the child welfare system unless the applicable committee deems it necessary to hold an executive session to protect the privacy or safety of individuals involved in the fatality or near fatality. Information may not be further disclosed unless a court orders the disclosure of this information, the information is disclosed in a public or court record or the information is disclosed in the course of a public meeting or court proceeding. The committee may go into executive session to receive confidential information. H. The child safety fatality and near fatality review team shall respond to requests for additional information regarding a child fatality or near fatality made pursuant to section 41-1292, subsection D within ninety days after receiving the request. I. Except as provided in sections 8-807 and 8-807.01, information gathered pursuant to this section is confidential. Public members of the team may receive confidential department information but may not further disclose the information unless authorized by law. J. For the purposes of this section, "systemic critical incident review" means the process by which the department evaluates fatalities, near fatalities and critical incidents to identify patterns in the factors that influence decisions and actions and to improve the quality of outcomes for children and families receiving services from the department. 8-469.01. Child welfare agencies; group foster homes; proposed rate increases; expenditure review Before the department increases the child placement rate for a child welfare agency or group foster home, the department shall submit the proposed child placement rate increase to the joint legislative budget committee for review. The department shall submit the proposed increase in the child placement rate to the joint legislative budget committee at least ninety days before the proposed child placement rate increase is to take effect. 8-469.02. Foster youth permanency pilot project team; duties; confidentiality A. The department shall establish a foster youth permanency pilot project team. The foster youth permanency pilot project team shall: 1. Develop a methodology to identify children who are believed to be at risk of exiting the department's custody without a permanency placement. 2. Implement solutions to remove barriers to permanency for children who are likely to be in the custody of the department when the child turns eighteen years of age or to begin participating in the extended foster care program pursuant to section 8-521.02. B. The foster youth permanency pilot project team consists of the following members: 1. Members who have expertise or experience in social work. 2. Members who are attorneys and who have expertise in representing children or experience in child welfare law. 3. Members who have served as guardians ad litem. 4. Members who have served as court appointed special advocates. 5. Members who are familiar with the child's case and who have an understanding of the child's permanency plan preferences. 6. Members of national organizations with experience in permanency planning policy and best practices. 7. Members who have personal experience in foster care, including former foster care youth or members of a foster care family. C. The foster youth permanency pilot project team shall do all of the following: 1. Thoroughly review the child's case file. 2. Convene foster youth permanency pilot project team meetings that include the child, the child's caregivers, the child's attorney and members of the foster youth permanency pilot project team who are appointed pursuant to subsection B of this section and who agree to participate in the child's case, as applicable and necessary. At the initial meeting, the foster youth permanency pilot project team shall identify barriers to permanency for each child selected and determine the assistance, resources and tools needed for the child to achieve permanency. 3. Review and discuss the permanency plan for the child. 4. Convene ongoing meetings of the foster youth permanency pilot project team to evaluate the child'