Text of AZ SB 1188 (2011)

REFERENCE TITLE: adoption; marital preference State of Arizona Senate Fiftieth Legislature First Regular Session 2011 SB 1188 Introduced by Senators Gray, Barto, Yarbrough; Representatives Burges, Dial, Harper, Montenegro, Olson, Seel, Urie: Senators Allen, McComish, Shooter; Representatives Barton, Forese, Gray R, Judd AN ACT amending section 8-103, Arizona Revised Statutes; relating to adoption. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Section 8-103, Arizona Revised Statutes, is amended to read: START_STATUTE8-103. Who may adopt A. Any adult resident of this state, whether married, unmarried or legally separated, is eligible to qualify to adopt children. A husband and wife may jointly adopt children. B. Pursuant to rules adopted by the agency, the division, agency or adoption entity shall place an adoptable child in the adoptive setting that best meets the child's needs by considering all relevant factors, including: 1. The wishes of the child's birth parents. 2. Family relationships between the child and the adoptive family members. 3. Marital status of the adoptive parents. 4. The family's ability to financially provide for the child and to meet the child's emotional, physical, mental and social needs. 5. The placement of the child's siblings. 6. The availability of relatives, the adoptable child's former foster parents or other significant persons to provide support to the adoptive family and child. C. The division, agency or adoption entity shall give primary consideration to adoptive placement with a married man and woman. The division, agency or adoption entity shall consider placement with a single individual if any of the following applies: 1. A married couple is not available. 2. The single person is a legal relative of the child. 3. The alternative for the child is extended foster care. 4. A meaningful and healthy relationship between the single person and the child has already been established. 5. The adoption by a single individual is the result of a direct placement adoption pursuant to the wishes of the birth parent or parents. 6. The child's best interests require the adoption by the single person. D. In each adoption proceeding the court shall make specific written findings regarding the best interests of the child pursuant to this section. END_STATUTE

House Engrossed Senate Bill State of Arizona Senate Fiftieth Legislature First Regular Session 2011 SENATE BILL 1188 AN ACT amending sections 8-103 and 8-526, Arizona Revised Statutes; relating to adoption. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Section 8-103, Arizona Revised Statutes, is amended to read: START_STATUTE8-103. Who may adopt A. Any adult resident of this state, whether married, unmarried or legally separated is eligible to qualify to adopt children. A husband and wife may jointly adopt children. B. Pursuant to rules adopted by the division, the division or adoption agency shall place a child in an adoptive home that best meets the safety, social, emotional, physical and mental health needs of the child. Other relevant factors for consideration, in no order of preference, shall include: 1. The marital status, length and stability of the marital relationship of the prospective adoptive parents. 2. Placement with the child’s siblings pursuant to section 8-862. 3. Established relationships between the child and the prospective adoptive family as described in section 8-862, including placement with a grandparent or another member of the child’s extended family including a person or foster parent who has a significant relationship with the child. 4. The prospective adoptive family’s ability to meet the child’s safety, social, emotional, physical and mental health needs and the ability to financially provide for the child. 5. The wishes of the child who is twelve years of age or older. 6. The wishes of the child’s birth parents unless the rights of the parent have been terminated or the court has established a case plan of severance and adoption. 7. The availability of relatives, the child’s current or former foster parents or other significant persons to provide support to the prospective adoptive family and child. C. If all relevant factors are equal and the choice is between a married man and woman certified to adopt and a single adult certified to adopt, placement preference shall be with a married man and woman. D. In each adoption proceeding, the court shall make findings on the record regarding the best interests of the child pursuant to law. END_STATUTE Sec. 2. Section 8-526, Arizona Revised Statutes, is amended to read: START_STATUTE8-526. Child welfare; reporting requirements A. The department shall compile the following information on a semiannual basis ending March 31 and September 30 of each year: 1. The total number of reports received, by major category and by priority. The report shall include a description of some of those incoming communications determined not to meet the criteria of a report as chosen by a random sample. 2. The number of reports not responded to, by priority, by county and statewide. The report shall include a description of some of these cases as chosen by random sample. 3. The number of reports assigned for investigation by priority and by major category, by county and statewide for the current and previous reporting periods. 4. The number of investigations completed by priority and by major category, by county and statewide for the current and previous reporting periods and as categorized by investigations that resulted in: (a) A substantiated report. (b) A report currently proposed for substantiation. (c) An unsubstantiated report. 5. The number of reports assigned for investigation that remain open for investigation by priority and by major category, by county and statewide for the current and previous reporting periods. 6. Of the number of reports assigned for investigation, the percentage of reports that resulted in a child being placed in out-of-home care by county and statewide. 7. The number of newborn infants delivered to safe haven providers pursuant to section 13‑3623.01. 8. The number of children entering out‑of‑home care by county during the reporting period, and the number and percentage of the children entering out‑of‑home care by county during the reporting period who are voluntary placements for children under eighteen years of age. 9. The number and percentage of children removed during the reporting period, by county and statewide, who had been in out-of-home care: (a) Within the previous twelve months. (b) Within the previous twenty-four months, excluding the children included in subdivision (a) of this paragraph. 10. The number and percentage of children who have remained in a shelter or receiving home for more than twenty‑one consecutive days, by the child's age group. 11. The number and type of licensed foster homes and the number of licensed and available spaces in those homes. 12. The number and type of licensed foster homes that leave the foster care system and the reason for the exit. 13. The number of licensed foster homes that receive the required visitation by case managers pursuant to section 8‑516. 14. The number of children placed in the care, custody and control of the department at the end of the reporting period and the number of these children who receive the required visitation by case managers pursuant to section 8‑516. 15. The number and percentage of children who are in the care, custody and control of the department at the end of the reporting period and who are in out‑of‑home placement and as categorized by: (a) Age. (b) Ethnicity. (c) Case plan goal. (d) Type of out‑of‑home placement, categorized by age. (e) Length of time in out‑of‑home placement of less than thirty days, thirty‑one days to twelve consecutive months, twelve to twenty‑four consecutive months and more than twenty‑four consecutive months, including the median, average and range of the number of out-of-home placements. (f) Primary legal status including voluntary placement for a child under eighteen years of age, temporary custody, adjudicated dependent, free for adoption, voluntary placement for a child over eighteen years of age, dually adjudicated or any other legal status. 16. If the case plan is to return the child to the parent, the percentage of parents who receive the required contact by case managers. 17. The number and percentage of children who left the custody of the department during the reporting period by reason for leaving care and as categorized by: (a) Age. (b) Ethnicity. (c) Number of placements. (d) Average length of time in care. 18. The number of children with a petition for termination of parental rights granted and not granted during the reporting period by county and statewide. 19. The number and percentage of children with a case plan goal of adoption and who are not placed in an adoptive home at the end of the reporting period and as categorized by: (a) Age. (b) Ethnicity. (c) Average length of time in care. (d) Legal status. 20. The number and percentage of children with a case plan goal of adoption and who are placed in an adoptive home at the end of the reporting period and as categorized by: (a) Age. (b) Ethnicity. (c) Average length of time in out‑of‑home placement. (d) Length of time from change of case plan goal to adoptive placement. (e) Legal status. (f) Marital status and relationship of the adoptive parent or parents to the child. 21. The number of children whose adoptive placement was disrupted during the reporting period and as categorized by: (a) Age. (b) Ethnicity. (c) Cause of the disruption. (d) Marital status and relationship of the adoptive parent or parents to the child. 21. 22. The number of children whose adoptions were finalized during the reporting period and as categorized by: (a) Average length of time in out‑of‑home placement before adoptive placement. (b) Average length of time in adoptive placement before the final order of adoption. (c) Marital status and relationship of the adoptive parent or parents to the child. 22. 23. The number of children who died while in the custody of the department by the county where the death occurred and as categorized by: (a) The cause of death. (b) The type of out-of-home placement at the time of death. 23. 24. The number of children with an open or active child protective services case who died due to abuse, categorized by the person or persons who had care or custody of the child at the time of the child’s death as follows: (a) Biological parent or parents. (b) Other family member. (c) Adoptive parent or parents. (d) Foster care parent or parents. (e) Other out-of-home care provider. 24. 25. The number of children with an open or active child protective services case who died due to abuse allegedly caused by an adult household member who is not listed pursuant to paragraph 23 24 of this subsection. B. Based on the data presented in each reporting period, the department, in as brief a format as possible, shall describe three to five major challenges the department faces in achieving the goal of safe, permanent homes for abused and neglected children. C. Within three months after the end of each reporting period the department shall submit a written report in as brief a format as possible to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the house human services committee, the chairperson of the senate family services committee, or their successor committees, and the cochairpersons of the joint legislative committee on children and family services. The department shall submit a copy of the report to the secretary of state and the director of the Arizona state library, archives and public records. END_STATUTE