group homes; safety; training; rights, the official text

REFERENCE TITLE: group homes; safety; training; rights

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2611

Introduced by

Representative
Blackman

AN
ACT

Amending sections 8-529, 8-530.06
and 8-530.08, Arizona Revised Statutes; amending title 8, chapter 4,
article 4, arizona revised statutes, by adding section 8-530.10; amending
title 36, chapter 10, article 1, arizona revised statutes, by adding section 36-1202;
relating to child welfare.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section. 1. Section 8-529, Arizona Revised
Statutes, is amended to read:

START_STATUTE8-529. Children in foster care and kinship foster care; rights

A. A child  who is in foster care [and] or
kinship foster care has the following rights:

1. To appropriate care
and treatment in the least restrictive setting available that can meet the
child's needs according to the best judgment of the foster parent.

2. To live in a safe,
healthy and comfortable placement where the child can receive reasonable
protection from harm and appropriate privacy for personal needs and where the
child is treated with respect.

3. To be placed with a relative when such placement
is in the best interest of the child.

4. To be placed with or in close proximity to the
child's siblings when possible and to visit and have contact with siblings and
family members when [it] the placement,
visitation or contact is in the best interest of the child.

5. To know why the child
is in foster care and what will happen to the child and to the child's family,
including siblings, and case plans.

6. Whenever possible, to
be placed with a foster family that can accommodate the child's communication
needs.

7. To be disciplined in
a manner that is appropriate to the child's level of maturity and not be
subjected to physical discipline methods.

8. To attend community,
school, extracurricular and religious services and activities of the child's
choice to the extent that it is appropriate for the child, as planned and
discussed with the child's placement worker and caseworker and based on
caregiver ability if transportation is available through a responsible party.

9. To go to school and
receive an education that fits the child's age and individual needs.  If
remaining in the child's current school is not in the child's best interest,
the child has the right to be enrolled in the least restrictive school
available.

10. To training in
personal care, hygiene and grooming.

11. To clothing that
fits comfortably and is adequate to protect the child against natural elements
such as rain, snow, wind, cold and sun.

12. To have personal possessions at home and to
acquire additional possessions within reasonable limits, as planned and
discussed with the child's foster parent, placement worker and caseworker, and
based on caregiver ability.

13. To personal space, preferably in the child's
foster home bedroom for storing clothing and belongings.

14. To healthy foods in healthy portions that are
appropriate for the child's age.

15. To comply with any approved visitation plan, and
to have any restrictions explained to the child in a manner and level of
details deemed age appropriate by the foster parent in agreement with the
caseworker and documented in the child's record.

16. If the child is six years of age or older, to
receive contact information for the child's caseworker, attorney or advocate
and to speak with them in private if necessary.

17. To be represented by an attorney in all
proceedings initiated pursuant to this title.

18. To participate in age appropriate child's
service planning and permanency planning meetings and to be given a copy or
summary of each service plan and service plan review.  The child may request
someone to participate on the child's behalf or to support the child in this
participation.

19. To attend the child's court hearing and speak to
the judge.

20. To have the child's records and personal
information kept private and discussed only when it is about the child's care, except that the foster parent shall
have full access to the records to determine [if] whether the child will be successful in the home.  During the
foster placement, if the foster parent requests to view the record on
experiencing problems with the child's adjustment, the full record shall be
made available for viewing by the foster parent.

21. To receive immediate and unbiased
medical, dental, vision and mental health services and to be informed
about diagnoses and treatment options as is developmentally appropriate.

22. To be free of unnecessary or excessive
medication.

23. To receive emotional, mental health or chemical
dependency treatment separately from adults who are receiving services, as
planned and discussed with the child's placement worker and caseworker, as is
financially reasonable for the foster parent.

24. To report a violation of personal rights
specified in this section without fear of punishment, interference, coercion or
retaliation, except that an appropriate level of punishment may be applied if
the child is proven to have maliciously or wrongfully accused the foster
parent.

25. To be informed in writing of the name, address,
telephone number and purpose of the Arizona protection and advocacy system for
disability assistance.

26. TO voluntarily participate in
enrichment activities.

27. To be free of bullying or
discrimination.

[26.] 28. To
understand and have a copy of the rights listed in this section.

B. A child who is in foster
care or kinship foster care and who is at least fourteen
years of age has the following rights:

1. To attend preparation for adult living classes
and activities as appropriate to the child's case plan, as is financially
reasonable for the foster parent.

2. To a transition plan that includes career
planning and assistance with enrolling in an educational or vocational job
training program.

3. To be informed of educational opportunities,
including information regarding assistance and funding for postsecondary and
vocational education.

4. To assistance in obtaining an independent
residency when the child is too old to remain in foster care from the child's
caseworker, attorney or advocate.

5. To request a court hearing for a court to
determine [if] whether the child has
the capacity to consent to medical care that is directly related to an illness,
disease, deformity or other physical malady.

6. To receive help with obtaining a driver license,
social security number, birth certificate or state identification card and
credit reports with assistance in interpreting the reports and resolving
inaccuracies in the report.  The foster parent shall have discretion to
determine [if] whether the child is
responsible and mature enough to become a licensed driver.

7. To receive necessary personal information within
thirty days after leaving foster care, including the child's birth certificate,
immunization records and information contained in the child's education
portfolio and health passport.

8. To participate in or reenter extended foster care
when the child is at least eighteen and under twenty-one years of age pursuant
to section 8-521.02.

C. The department shall provide information
regarding a child's rights pursuant to this section and assistance in
understanding and enforcing these rights to each child who enters foster care
or kinship foster care or when there is a change in the child's foster care
plan.  The information shall also include the telephone number and email
address of the department, the child's assigned case manager, the department's
office of the ombudsman and the ombudsman-citizens aide.  A copy of these
rights shall be posted in a conspicuous place in all foster [care] homes and group foster homes.

D. If a child who is in foster care or kinship
foster care believes that the child's rights under this section have been
violated, the child or the child's representative may:

1. File a complaint with the department, the
department's office of the ombudsman or the ombudsman-citizens aide
pursuant to section 41-1376.  A formal grievance may be initiated with
the ombudsman at any time.

2. Notify the
juvenile court in the child's ongoing dependency, severance or adoption
proceeding, either orally or in writing, that the child's rights are being
violated and request appropriate equitable relief.  The court shall act on the
notification as necessary within [its] the
court's discretion to promote the best interest of the child.

E. The rights provided in this section do not
establish an independent cause of action. END_STATUTE

Sec. 2. Section 8-530.06, Arizona Revised
Statutes, is amended to read:

START_STATUTE8-530.06. Group foster homes; employees; random drug screening

A. The department shall develop and implement
policies and procedures to conduct random quarterly drug screening of employees
of a group foster home. The drug screening policies and procedures
shall comply with title 23, chapter 2, article 14.

B. An employee of a group foster home may not have
contact with any child living at the group foster home before an initial drug
screening.

C. The department may conduct random drug screening
of any group foster home employee if the employee is involved in an accident or
incident in which a child [that] who
lives at the group foster home is injured. A group foster home shall
submit the results of all random drug screening to the department within forty-eight
hours after receiving the drug screening results.

D. The department shall terminate a
GROUP foster home employee who receives a positive drug screening result from
employment with the group foster home. END_STATUTE

Sec. 3. Section 8-530.08, Arizona Revised
Statutes, is amended to read:

START_STATUTE8-530.08. Congregate care; assessment; plans; definitions

A. Within thirty days after placing a child in a
congregate care setting, the department shall do the following:

1. Work with the child, if developmentally
appropriate, the child's attorney and the child's family and service team to do
both of the following:

(a) Establish a plan to place [a ] the child in an appropriate family-like setting.  The
plan shall be specific to the child and, if applicable, the child's siblings
and the child's minor parent or parents. The plan shall include steps to
identify and recruit an appropriate family-like setting for the
child. In developing the plan, the department shall identify and
consider the placement preferences of the child.

(b) As part of the plan established pursuant to
subdivision (a) of this paragraph, develop a child-specific congregate care
implementation plan to ensure that the child's needs are appropriately met
while the child is placed in a congregate care setting.

2. Conduct an on-site visit of a group home within
forty-eight hours after placing a medically complex child in a group home
to ensure that all staff members who will have contact or care responsibilities
for a medically complex child have proper training.

3. Document both of the following in the child's
case plan:

(a) The plan for
placement of [a ] the child in an
appropriate family-like setting and the child-specific congregate care
implementation plan pursuant to paragraph 1[, ]subdivisions (a[) and (b][)]
of this subsection.

(b) The results and findings of the group home
on-site [survey] visit, if applicable,
pursuant to paragraph 2 of this subsection.

B. For the purpose of this section:

1. "Family and service team" includes any
of the following:

(a) Coaches.

(b) Court appointed special advocates.

(c) Department employees.

(d) Former foster caregivers.

(e) Mentors.

(f) Teachers.

(g) A
designated advocate.

[(g][)] (h) Any other individuals who
have knowledge of the child.

2. "Medically complex child" means a child
who the department has determined has or is at risk for a chronic physical or
developmental condition and who requires health-related services beyond
the health-related services that are required by a child in general.

Sec. 4. Title 8, chapter 4, article 4, Arizona
Revised Statutes, is amended by adding section 8-530.10, to read:

START_STATUTE8-530.10. Group foster homes; safety; employee screening; rules; policies;
procedures

The department shall develop and implement
rules, policies and procedures in group foster homes that do all of the
following:

1. Require comprehensive background
checks that include a complete criminal history check, substance use screening
and verification of references for all GROUP foster home employees.

2. Require mandatory training in
trauma-informed care, mental health crisis management and first aid for
all group foster home employees.

3. Prohibit group foster home
employees from carrying weapons or using personal cell phones while the
employee is at the group foster home.

4. Establish mechanisms for reporting
staff misconduct or neglect.

5. Require the group foster home to
document and verify that a child who is living in a group foster home attends
medical and mental health care appointments.

6. Establish reporting and follow-up
policies to prevent medical neglect and ensure the continuity of care for a
child who is living in a group foster home. END_STATUTE

Sec. 5. Title 36, chapter 10, article 1,
Arizona Revised Statutes, is amended by adding section 36-1202, to read:

START_STATUTE36-1202. Juvenile group homes; resident safety; policies; rules;
procedures

A. The department shall develop and
implement rules, policies and procedures for group homes that do all of the
following:

1. Require minimum security standards
for group homes that include all of the following:

(a) Secure
entry and exit.

(b) Functional
locks.

(c) Monitored
common areas.

2. Establish trauma-informed
safety protocols that prevent grooming and EXPLOITATION of and unauthorized
exits by the residents.

3. Allow unannounced inspections and
independent audits by the group home's licensing authority.

4. Establish technology policies that
limit or monitor telephone use by residents and that provide appropriate
security through the use of applications and technology.

5. Prohibit group home employees from
sharing residents personal information or schedules.

B. For the purposes of this section,
"group home", "licensing AUTHORITY" and
"resident" have the same meanings prescribed in SECTION 32-1201.

Sec. 6. Short title

This act may be cited as the
"Youth Safety, Rights and Mental Health Protection Act".