Arizona

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/Program_Policy.htm

DCS Program Policy

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/01_Hotline%20Intake/CH1_S1%20Hotline%20Receipt%20of%20Information.htm

Chapter 1 : Section 1

Hotline Receipt of Information

Procedures

Intakes

The Intake Specialist gathers information from reporting sources using the Department’s standardized interview questions and operating guide to determine:

• whether the suspected conduct would constitute abuse or neglect, including the severity and whether it involves criminal conduct;
• when and where the suspected conduct occurred;
• whether the suspected victim is under eighteen years of age and a resident of Arizona or is currently present in Arizona;
• whether the suspected victim of the conduct is in federal custody;
• whether the suspected perpetrator is the parent, guardian or custodian or an adult member of the victim’s household;
• whether the suspected perpetrator is an employee of a congregate care facility (group home or shelter) and both of the following apply:
  • the child victim is placed in the facility, and
  • the facility is licensed by and contracted with the Department; and
• whether the identity or location of the child victim, their family or the suspected perpetrator is known or can be reasonably ascertained.

The Intake number may be provided to the reporting source when requested.

Online Submissions

The Department provides an electronic reporting service available for professional mandated reporters to report non-emergency concerns regarding child abuse or neglect. An online submission shall meet the reporter’s mandated reporting requirements.

An Intake Specialist reviews all online submissions received. If the submission is valid, Intake Specialist downloads the information into a draft Intake in Guardian and completes the Intake, and follows Department policy and procedures in Decision to Take a Report to determine if the information meets Report criteria, or whether another intake category/type is appropriate.

If additional information is needed to assess whether the intake contains allegations that meet the statutory criteria for a Report, the Intake Specialist should contact the reporting source for more information.

Intake Categories

The Intake Specialist documents all concerns in Guardian under an Intake Category. Intakes with allegations of child abuse or neglect that meet the criteria for a DCS report are documented as Reports. See Decision to Take a Report. Non-Report intakes may require a response from the field or are maintained in Guardian for future reference.

The following intake types require a response or action from the field

These are assigned to the field and reviewed by a DCS Program Supervisor or designee to determine the appropriate response/action.

Action Request

Used when the Department receives a request to take a specific action, and there is no allegation that meet statutory criteria for a Report.

Types of Action Requests:

• Court ordered investigation – used when a Judge, Commissioner, or Hearing Officer orders DCS to investigate circumstances related to a matter before the court. This may include a family, probate, or juvenile court matter.
• Court ordered pick-up – used when a Judge, Commissioner, or Hearing Officer orders DCS to pick-up a child and:
  • The court orders that the child remain in DCS custody, and/or
  • The child is ordered not to return home, and
  • The child is not currently in DCS custody.

• Courtesy assessment – used when another state, tribal, or federal child protection agency requests DCS interview a case participant on behalf of their agency. Not used when a home study is requested for a child to be placed with a non-custodial parent or relative in Arizona.
• Courtesy placement – Used when a child is on runaway from another state and requires a living arrangement until the legal guardian (i.e. parent, child protection agency) can make arrangements to pick-up the child.
• Intent to file – Used when an interested party notifies DCS of their intent to file a Private Dependency Petition (PDP) pursuant to ARS § 8-841(B) (1). Only use when the child is involved in the Juvenile Court system.
• Parent unavailable – Used when a parent cannot be reached in order to take custody of their child, or the parent can be reached but does not have the immediate resources to take custody of their child (such as a transportation barrier). The assigned unit will problem solve options to avoid placing the child in Department custody. The Department shall only take custody of the child with parental consent. This type is not used if a parent refuses to take custody of their child, refusal to take custody of a child with no other arrangements will result in a Report.
• Successor of Permanent Guardianship – Used when a permanent legal guardian is unable or unwilling to continue serving as guardian and a motion has been filed for the appointment of a successor permanent guardian. Only use when DCS facilitated the original permanent guardianship

The Intake unit assigns Action Requests to a DCS Program Supervisor, who processes the Action Request as either Action Taken or No Action Taken with an explanation provided. If no action is taken, document any notes and the reason for no action in the Disposition Explanation field of the Intake record.

During the DCS Specialist’s review of an Action Request, if the parent, guardian, or custodian refuses to take custody of the child, or if allegations of abuse or neglect that meet the statutory criteria for a Report become known, the DCS Specialist or Program Supervisor will contact the Intake unit. The Intake Supervisor or designee will change the intake category from Action Request to Report (retaining the original finalization date and time of the Intake) and associate the Report to the open Assessment. The Intake Specialist gathers the additional information, generates an Intake Addendum and associates it to the newly created Report.

Intake Addendum

Used when information received pertains to the same allegation or incident in an existing Report or Action Request, or when a DCS Specialist reports a new allegation on an active investigation. There is no time limit for when an Intake Addendum can be linked to an Action Request or Report.

If additional information is provided on a closed report, or assessment, the Intake Specialist will assess to determine if the new information affects child safety or previous findings (unsubstantiated/unable to locate):

• If child safety or findings will not be impacted, then an Intake Addendum may be generated.
• If child safety or findings will be impacted, then a new Report must be generated.

A new allegation or incident reported by the public requires a new Report.

Report

Used when information received meets the statutory criteria for a Report. This includes allegations on DCS licensed foster parents and employees of DCS licensed group homes.

Foster Home Report:

• The perpetrator is a licensed foster parent or other adult that resides in the foster home
• The victim is a foster child, biological child, or other child that resides in the foster home

Group Home Report:

• The perpetrator is an employee of a congregate care facility (group home or shelter) licensed by and contracted with DCS.
• An employee of a congregate care facility is not statutorily eligible to be screened in as a perpetrator of neglect.

Employee Report

Used when information received meets criteria for a Report and the parent, guardian, or custodian is identified as Department employee, or an adult member of the child’s household is a perpetrator and identified as an employee. This includes all Department employees and employees of the Attorney General’s Office, Protective Services Section.

Status Communication

Used when information received does not qualify as a Report or Intake Addendum, and it pertains to an open assessment, open case, or a Report pending disposition for assignment.

Types of Status Communications:

• AWOL – Used when a child in DCS custody is on runaway status / AWOL (absent without leave) from their living arrangement or caregiver.
• DCS History Request (Child Welfare Agency) – Used when a representative of another state, tribal, or federal child protection agency, or Juvenile Justice staff member (detention officer, juvenile court staff, or probation officer) requests DCS history.
• DCS History Request (Law Enforcement) – Used when a representative of a Police Department, Sheriff’s Office, Tribal Police, or Out of State Law Enforcement agency, requests DCS history.
• Medical Consent – Used when a consent for medication or treatment is requested by a healthcare provider, or their designee for a child in DCS custody.
• Non-Report – Used when a source has concerns of possible child abuse or neglect, the information provided does not meet Report criteria and there is an open Case or Assessment.
• Other – Used when information received does not correspond with any other kind of status communication.
• Physical Injury/Sexual Conduct – Used when information received pertains to physical injury or sexual contact between children, and at least one child involved is in DCS custody. The DCS Specialist shall immediately respond to this status communication type.
• Pick Up of Court Ward – Used when a child in DCS custody needs to be picked up from detention.
• Placement Disruption Used when a DCS licensed or unlicensed caregiver is no longer willing or able to provide care for a child in DCS custody.
• Request for Case Management Contact – Used when contact is requested with the assigned case manager or supervisor.
• Request to Be Placement – Used when a relative or community member offers to serve as a caregiver should a child be placed in DCS custody.

During the response to a Status Communication, if allegations of abuse, neglect, or licensing concerns become known, the DCS Specialist shall contact the Intake Unit to report the information.

The following communications are not transmitted to the field for response, but are maintained in Guardian for future reference:

Alert

Used when the Department receives a request for notification, in the event a specific individual comes to the attention of DCS.

Types of Alerts:

• Notification from Law Enforcement – Used when a law enforcement agency requests to be notified if an alleged child victim or suspected child abuser comes to the attention of the Hotline.
• Notification from other State/Child Welfare Agency – Used when another state, tribal, or federal child protection agency requests to be notified if a family involved with their agency comes to the attention of the Hotline.
• Potential Placement on Non-open Case/Report – Used when a relative or community member offers to serve as a caregiver should a child be placed in DCS custody.
• Other – Used to provide internal notification to intake staff when the information received does not correspond with any other type of alert.

DCS History Request

Used when a request for DCS history is made by entitled personnel in order to fulfill official duties, and there is no open assessment, open case, or Report pending disposition for assignment.

Types of DCS History Requests:

• Child Welfare Agency – Used when a representative of another state, tribal, or federal child protection agency, or Juvenile Justice staff member (detention officer, juvenile court staff, or probation officer) requests DCS history.
• Law Enforcement – Used when a representative of a Police Department, Sheriff’s Office, Tribal Police, or Out of State Law Enforcement agency, requests DCS history.

Error

Used when an intake requires significant changes, and the Intake cannot be deleted from Guardian.

Screened Out Intake

Used when information received does not meet the statutory criteria for a Report, and there is no open assessment, open case, or Report pending disposition for assignment.

Licensing Issue

Used when information received pertains to a DCS licensed foster home or congregate care facility, and does not meet the statutory criteria for a Report.

• If information provided references a child in DCS custody, the Intake Specialist will assess whether to also generate a Status Communication.
• If information provided references a foster home of group home licensed by DHS or DES, the Intake Specialist will assess for the applicable Intake Category and apply cross-report protocols.

Community Inquiry

Used when a request is received for community resources and the requestor is not currently involved with DCS.

Unborn Concern

Used when information received pertains to an unborn baby, and the information will meet Report criteria upon the baby’s birth.

Examples include:

• Prenatal exposure to drugs or substances and the exposure was not the result of medical treatment, administered by a health care professional. Indicators of prenatal exposure may include disclosure of substance use or abuse or results of toxicology or other laboratory tests on the mother
• Domestic violence that would place the baby in serious harm or impending danger
• Existing mental health issues that would place the baby at substantial risk of harm
• The recent termination of parental rights.

Information Received by DCS Employees

DCS employees outside of Intake shall assist any person wishing to make a report of abuse or neglect in contacting the Hotline via the phone number 1-888-SOS-CHILD (1-888-767-2445), or if the person is a mandated reporter, the DCS Homepage to login to the Guardian online reporting system.

Effective Date: September 14, 2024

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/01_Hotline%20Intake/CH1_S2%20Decision%20to%20Take%20a%20Report.htm

Chapter 1 : Section 2

Decision to Take a Report

Procedures

Report for Investigation

If an intake meets the criteria for a Report, the Intake Specialist shall:

• Inform the reporting source that a Report is being taken and provide the reporting source with contact information for the assigned unit.
• Search Guardian to determine whether there have been previous Reports or intakes on the family and the status of prior assessments or cases. This search assists the Intake Specialist to determine if the information was previously reported and another intake type is appropriate.
• When needed, search the Arizona Technical Eligibility Computer System (AZTECS) database to gather and/or confirm a person’s identity, if available.
• Finalize entry of the Report into Guardian after determining the correct response time, and verify the Report is finalized and transmitted to the appropriate unit.

Location or Identity of Child Victim, Child Victim’s Family, or Perpetrator Unknown

When an intake meets all other criteria of a Report but the reporting source does not know the identity or location of the child, family, or perpetrator, or states that the parent has fled with the child to avoid contact from the police or the Department, the Intake Specialist takes the following steps to gather information that will allow the Intake Specialist or DCS Specialist to reasonably ascertain the identity or location of the child, family, or perpetrator:

• Continue with the phone interview, or follow-up with the reporting source who submitted an online report, to obtain all pertinent information regarding the maltreatment of the child.
• Discuss different ways to locate the family.
• Explore whether the reporting source can describe where the child/family might be located, or if there are other options to locate the child/family. This includes, but is not limited to:
  • directions to a home or area, if enough details are provided (e.g., description of the home, cross streets, etc.)
  • apartment or hotel name;
  • non-custodial parent’s home;
  • any location where the child or parent is currently located (e.g., home of relative or friend, hospital, police station, juvenile detention center, etc.);
  • parent’s place of employment;
  • a place a child can be found consistently (e.g., karate class, church, other enrichment class, etc.); and
  • parent’s jail address (if parent is currently in jail).
• Consider a collateral contact to a professional mandated reporter.

If the reporting source does not have the above information, advise the reporting source to call the Hotline if it becomes available.

The Intake Specialist researches Guardian and AZTECS to locate the child/family and assigns the Report when the victim, the victim’s family, or the perpetrator can be identified.

If none of the above information can lead to the identity or location of the victim, victim’s family, or perpetrator, then Report criteria is not met and the information shall be documented as a Screened Out Intake.

Non-Reports

If an intake contains concerns of abuse or neglect that do not meet Report criteria, the Intake Specialist shall:

• Inform the reporting source that the information provided did not meet Report criteria and further research/review will take place to determine if there is any action the Department can take. If no action can be taken the information will be retained for future reference.
• Refer the reporting source, when applicable, to a community resource that may address the concerns.
• Direct the reporting source to notify law enforcement when information provided indicates that a criminal offense may have been committed and, in addition, cross reports the information to law enforcement. See Cross Reporting.
• Search Guardian to locate intakes, assessment and cases regarding the family to determine:
  • whether there was a prior Report for investigation and the new information impacts child safety or previous findings (unsubstantiated or unable to locate);
  • whether there is a pattern of concerning behavior contained in previous intakes that is escalating and when combined with the current concern meets Report criteria.

Upon determination that Report criteria has not been met, the Intake Specialist immediately finalizes entry of the appropriate Intake Category in Guardian.

The following information should be included, if available, within the narrative or applicable Guardian fields:

• child’s full name, age or date of birth, and how to locate;
• parent/caretaker’s full name, address, phone, and other pertinent information to locate;
• identity of the alleged perpetrator, relationship to the child, and how to locate; and
• if applicable, specifics of the alleged criminal activity;
  • when the criminal activity took place (or estimated time frame); and
  • where the criminal activity occurred.

An Intake Supervisor or designee shall review Screened Out Intakes to verify that the intake was correctly classified.

Effective Date: September 14, 2024

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/01_Hotline%20Intake/CH1_S3%20Prioritizing%20Reports,%20Assigning%20Tracking%20Characteristics.htm

Chapter 1 : Section 3

Prioritizing Reports, Assigning Tracking Characteristics, and Reviewing Intakes

Procedures

Intake Screening and Prioritization

The Intake Specialist gathers and assesses information from the reporting source to determine the prioritization of Reports. The Intake Specialist uses the standardized Hotline Report Decision Tool, DCS-1968 to assist in determining Report criteria and the appropriate priority of each Report.

Criminal Conduct Screening

The Intake Specialist uses the standardized Criminal Conduct Screening Guide, CSO-1365A to determine whether criminal conduct exists.

Tracking Characteristics

Tracking characteristics are family conditions or special circumstances that are reported during the intake screening or discovered during the investigation. When an Allegation in a Report is assigned a tracking characteristic, the Intake Specialist will document the information that supports the tracking characteristic selected.

A tracking characteristic may be added to an Allegation in a Report during or after an investigation.

The Intake Specialist or Investigator assigns the following tracking characteristics to an Allegation in a Report:

Court Ordered Investigation

Assign this tracking characteristic to an Allegation when a Judge, Commissioner, or Hearing Officer has ordered DCS to investigate possible abuse or neglect of a child who may be involved with the court in another type of hearing, such as a delinquency or family court matter.

When this tracking characteristic is assigned to an Allegation, a minute entry must be received with information that meets Report criteria or with listed allegations.

Court Ordered Pick-up

Assign this tracking characteristic to an Allegation when a Judge, Commissioner, or Hearing Officer has ordered DCS to pick-up a child and:

• the court orders that the child remain in DCS Custody; and/or
• the child is ordered not to return home; and/or
• the court order contains allegations that meet Report criteria.

Criminal Conduct

Assign this tracking characteristic to an Allegation when an allegation of criminal conduct exists. This tracking characteristic serves as an alert to the DCS Specialist or Child Welfare Investigator of the need to coordinate with Law Enforcement. See Investigations Involving Allegations of Criminal Conduct.

Domestic Violence

Assign this tracking characteristic to an Allegation when there is information reported or discovered that domestic violence is occurring and it is a contributing factor to the abuse or neglect.

Drowning

Assign this tracking characteristic to an Allegation when there is information reported or discovered that a caregiver did not practice adequate supervision causing the child to drown or nearly drown, and the child is in serious or critical condition.

Intent to File

Assign this tracking characteristic to an Allegation when an interested party notifies the Department that they intend to file a Private Dependency Petition (PDP) pursuant to ARS § 8-841(B)(1).

Mental Illness

Assign this tracking characteristic to an Allegation when a caregiver in the home has a mental, behavioral, or emotional condition that may substantially impair caregiver’s functioning and it is a contributing factor to the abuse or neglect.

Near Fatality

Assign this tracking characteristic to an Allegation when information is reported or discovered that the injury is most consistent with a non-accidental injury and the child is in serious or critical condition because of the injury. The Intake Unit sends a notification to DCS administration when assigning this tracking characteristic to a Report.

Private Dependency Petition

Assign this tracking characteristic to an Allegation when a private party or their legal counsel files a private dependency petition (PDP), and the Department is:

• joined as “a party to the petition” by the Juvenile Court; and/or
• instructed to investigate the circumstances of the petition.

Sex Trafficking

Assign this tracking characteristic to an Allegation when the Allegation contains information that the perpetrator was involved in sex trafficking the victim child. Sex trafficking means the recruiting, harboring, transporting, providing, obtaining, patronizing, or soliciting of a person for a commercial sex act.

Substance Abuse

Assign this tracking characteristic to an Allegation when there is information alleged or obtained that a caregiver in the home may be using substances (including prescribed and non-prescribed substances) that are impairing his or her ability to perform essential parental responsibilities and substance use is a contributing factor to the abuse or neglect. Do not use this tracking characteristic for substance exposed newborn (SEN) Reports.

Successor Permanent Guardianship

Assign this tracking characteristic to an Allegation when all of the following criteria are met:

• The Department filed the original petition for permanent guardianship.
• The current permanent guardian is no longer willing or able to care for the child.
• The child is without an appropriate caregiver.

Unsafe Sleep

Assign this tracking characteristic to an Allegation involving a child under one year of age when there is an indication that a caregiver:

• did not place a child alone, on their back and in a crib or other safe sleep environment every time the child is sleeping; or
• slept with a child and the child died, nearly died, or suffered other serious injury.

Notification

Intake Specialists assess whether or not any situation needs immediate response by an Investigator. Situations requiring an immediate response include, but are not limited to the following:

• all Reports with a Priority 1 response time;
• Action Requests that require immediate attention;
• emergency needs of a child in the care, custody, and control of the Department via court order or a Voluntary Placement Agreement. For example:
  • emergency hospital admission for medical or psychological treatment;
  • disrupted placement;
  • visitation issues; or
  • any other situation concerning the health or welfare of a child in DCS custody that requires an immediate response;
• emergency needs of a foster parent, caregiver, or service provider regarding a child in custody;
• parental requests for emergency contact with a DCS representative; and
• requests from Law Enforcement for assistance such as requests for immediate DCS assistance on a Report, regardless of response time; or

After-Hours Notification

All information received by the Intake Unit during after-hours that may require a response or action by an Investigator prior to the next regular working day, is referred to after-hours staff.

Requesting a Quality Assurance Review

Designated Intake staff will perform a Quality Assurance (QA) Review and submit a QA Request in Guardian prior to the start of the investigation for any Intake Category where a Supervisor or designee disagrees with the screening decision, priority level, or tracking characteristic selection.

The review will be completed and the requestor notified of the QA decision within eight business hours of receipt, excluding weekends and holidays.

Contact the Intake Supervisor or designee for urgent requests for QA Reviews, such as Priority 1 Reports and other Intake Categories that require an immediate response.

Quality Assurance Reviews for Screened Out Intakes

An Intake Supervisor or designee will perform a Quality Assurance (QA) Review of any concern of abuse or neglect that has been dispositioned as a Screened Out Intake.

 

Effective Date: February 29, 2024

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/01_Hotline%20Intake/CH1_S4%20Cross%20Reporting.htm

Chapter 1 : Section 4

Cross Reporting

Procedures

Cross Reporting to Other Child Protection Agencies

When the Intake Unit determines that the information received does not meet criteria for a Report, but that a child living in another jurisdiction may be at risk of abuse or neglect, the Intake Specialist:

• cross reports to the child protection agency in the other jurisdiction, unless the agency is outside of the United States;
• provides all available information regarding the possible abuse or neglect; and
• enters as a Screened Out Intake, including a notation as to which child protection agency was notified and the name of the individual who accepted the cross report.

Cross Reporting to Law Enforcement

When information received by the Intake Unit does not meet criteria for a Report, but there is reason to believe a felony criminal offense of abuse or neglect against a child may have occurred, the Intake Specialist:

• informs the reporting source of the need to cross report and encourages the source to call law enforcement;
• contacts the law enforcement agency where the crime took place, provides the information and a copy of the written communication if requested by law enforcement; and
• enters as a Screened Out Intake; including a notation as to which law enforcement agency was contacted, the name of the individual that accepted the cross report, and the law enforcement incident or report number if available.

Cross Reporting Sex-Trafficking Victims

When information received by the Intake Unit does not meet criteria for a Report, but there is reason to believe that a child was the victim of sex-trafficking, the Intake Specialist shall:

• cross report to law enforcement; and
• send notification to AHCCCS using the Sex Trafficking Cross-Report template.

DES Certified Child Care Homes and Licensed Facilities

Information received about a facility licensed by the Department of Economic Security (DES), that does not meet Report criteria, and does not involve children in the care, custody or control of the Department, is documented as a Screened Out Intake, and cross reported to DES using the DES AZCCRR Complaint Form.

DHS Licensed Child Care Homes/Facilities and Locked Behavioral Health Facilities

Information received about abuse, neglect, or licensing violations regarding a child placed in a Department of Health Services licensed home or facility shall be cross reported to both DHS and AHCCCS. If the concern also involves a child in the custody of DCS, and there are new allegations of abuse or neglect, the Intake Specialist also enters a Report. If there are no new allegations of abuse or neglect, the information should be taken as a Status Communication.

DHS cross reports shall be submitted through DHS’s Licensing Services Online Complaint Forms.

AHCCCS cross reports shall be submitted using the AHCCCS Online Complaint Form.

Effective Date: February 1, 2021

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/01_Hotline%20Intake/CH1_S5%20Safe%20Haven%20for%20Newborn%20Infants.htm

Chapter 1 : Section 5

Safe Haven for Newborn Infants

Procedures

Definitions and Criteria for Safe Haven Newborn Infant

An agent is someone who delivers the child to a Safe Haven provider on behalf of the parent.

A Safe Haven provider means any of the following:

• a staff member or volunteer at a licensed private child welfare agency or licensed adoption agency or church that posts a public notice;
• a firefighter on duty;
• an emergency medical technician (EMT) on duty; and
• a medical staff member at a health care institution (e.g., a hospital).

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 is not required to ask the parent or agent any questions. The Safe Haven provider immediately calls the Hotline upon receiving a newborn infant from a parent or an agent of a parent. The Intake Specialist determines if the information provided meets the statutory definition of a Safe Haven newborn infant.

The Intake Specialist enters as a Screened Out Intake if the following criteria for a Safe Haven newborn infant are met:

• newborn infant is 30 days old or younger or that the date of birth is unknown but the source believes the child is 30 days old or younger;
• newborn infant has been voluntarily transported by the parent or agent of the parent to a Safe Haven provider per A.R.S. § § 8-528 and 13-3623.01; and
• a physical examination of the newborn infant at the hospital shows the newborn infant is unharmed and is 30 days old or younger.

The following situations do not fall within the Safe Haven for Newborn Infants statutory provisions and are taken as a Report:

• Mother gives birth in a hospital and decides she does not want to take the newborn infant home.
• Newborn infants born in a hospital and subsequently left by a mother who does not return by the time the newborn infant is ready for discharge. A child is these circumstances would not be considered a Safe Haven newborn infant because the mother did not voluntarily deliver the child to a Safe Haven provider.
• Newborn infants alleged to have been a victim of child abuse or neglect.
• The physical examination results in suspicion of abuse or neglect that meets criteria as a DCS Report.
• The child is believed to be an alleged victim in an open DCS Report.

In the above situations, the Intake Specialists requests the name, date of birth, and other identifying information about the mother, child, and alleged father from the source as required by the mandated reporting statute.

Required Physical Examination of Newborn Infant

All Safe Haven newborn infants must be examined at a hospital.

If the reporting source is not a hospital, the Intake Specialist advises the reporting source to immediately transport or arrange for the newborn infant to be transported to a hospital for a physical examination.

If the reporting source is a hospital and states an exam has not yet been completed, the Specialist will ask the hospital to call back upon receiving the results of the physical exam.

If a physical exam has been conducted and it is determined the newborn infant is unharmed, a Screened Out Intake will be generated.

If a physical exam is completed and it is determined the newborn infant does not meet the requirements for a Safe Haven newborn infant, then a DCS Report will be generated.

Confirmation of Safe Haven Newborn Infant

The Intake Supervisor will immediately notify an Intake Program Manager, including during after-hours, when a Safe Haven newborn has been received and will also e-mail them the narrative and Intake number. The Intake Program Manager will confirm that the infant qualifies as a Safe Haven newborn infant and take the following action:

• call the hospital where the physical examination of the infant is taking place to confirm that the infant falls within the Safe Haven statute definition;
• gather the name and number of the person at the hospital for the adoption agency to contact to coordinate taking custody of the baby upon discharge; and
• contact a licensed adoption agency to coordinate taking custody of the infant.

If the Safe Haven provider is a licensed private adoption agency or a church that is affiliated with a licensed private adoption agency that has the ability and desire to take custody of the infant:

• Confirm with the adoption agency that they are a licensed adoption agency and have the ability to take custody of the infant within 24 hours from the time of the completion of the physical examination.
• Ensure the agency name, contact name, address and phone number for the agency is documented in the original Screened Out Intake, and if it is not, update the adoption agency’s Guardian record.

If the Safe Haven provider or licensed adoption agency does not have the ability and desire to take custody of the infant and place the infant for adoption:

• Immediately contact the next licensed private adoption agency from the Active Adoption Agencies list in Guardian. When selecting agencies from the list, contact the agency with the oldest “Last Contacted” date. The Hotline must make this contact within 8 hours of notification of the original call about the Safe Haven infant.
• Inform the agency that the agency is next on the list and confirm that the agency will take custody of the infant within 24 hours from the time of the completion of the physical examination.
• If the agency is not able and willing to take custody of the infant, contact the next agency on the Active Adoption Agencies list until a licensed private adoption agency is located that is able and willing to take custody of the infant.
• If the agency does not answer the phone and there is no ability to leave a message or the agency fails to contact the Hotline within 30 minutes of the Hotline leaving a message, contact the next agency on the list.

When the adoption agency has been identified:

• Provide the name of the hospital where the child is located with the name and number of the contact person at the hospital. Ask the agency to contact the Hotline when the agency takes custody of the infant.
• Contact the hospital and provide the agency name, contact name, and phone number of the agency who will take custody of the infant.
• Document in the original Intake’s Screened Out tab under in the Adoption Agencies Section which agency has confirmed that they will take custody of the infant.

Confirmation of Custody Taken

Intake management confirms that the licensed private adoption agency took custody of the newborn infant within 24 hours from the time of the completion of the physical examination by reviewing the documentation or calling the agency to confirm.

If no telephone call was received, Intake management calls the agency to confirm they took custody of the newborn infant.

If the adoption agency is unable to take custody, Intake management will take steps to see if the next licensed, private adoption agency on the rotating list is able to take custody of the child. If no adoption agency takes custody of the newborn infant within 48 hours after the completion of the physical examination, the original Screened Out Intake will be changed to a DCS Report and the DCS Program Supervisor will be notified of the new Report.

Documentation

Document all information received into Guardian. Apply a Safe Haven indicator to the initial Screened Out Intake, if applicable.

 

Effective Date: October 3, 2023

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S01%20Disposition%20Reports%20Initial%20Response.htm

Chapter 2 : Section 1

Disposition of Reports and Initial Response

Procedures

Disposition of Reports

When the local DCS office receives a DCS Report from the Hotline, the DCS Program Supervisor or another designated staff acting in a supervisory role will review the Report to determine:

• if there is agreement on the Hotline’s decision to take the report based on the information provided or initiate an Intake Review; or
• to disposition the Report as one of the following:
  • Field Assessment;
  • No Jurisdiction – Out of State;
  • No Jurisdiction – Tribal; or
  • No Jurisdiction – Military.

The DCS Specialist or OCWI Investigator is required to respond to the DCS Report based on the information provided and within the Report response time frame. When the name of the family is discovered, search Guardian to determine if the family already has a history with DCS.

Upon receiving information that a federal statute, state statute, or court order does or may prohibit or restrict the Department from fully investigating the Report, the DCS Program Supervisor or OCWI Manager will review the court order and/or contact the appropriate jurisdiction to determine whether the Department will have a role in investigating the Report.

After contacting the appropriate jurisdiction, if it is determined that the Department will not have a role in investigating the Report (for example, when the family resides on American Indian Tribal land, or upon confirming that a statute or court order prohibits the Department from taking investigative action) the DCS Program Supervisor or OCWI Chief will disposition the Report as No Jurisdiction – Tribal.

The Department shall provide a copy of the Report to the responsible jurisdiction. This includes contacting tribal law enforcement and tribal social services and applies to both criminal conduct and non-criminal conduct Reports. For more information about coordination of investigations when a family is currently on Tribal land, see Identification of an Indian Child and Determination of Jurisdiction.

Mitigating a Response Timeframe

The DCS Program Supervisor or OCWI Manager may mitigate the Report response time frame when law enforcement, other emergency personnel, or a professional mandated reporting source made in-person contact with the alleged child victim(s) and provides information to the assigned local DCS or OCWI office to confirm:

• each alleged child victim’s current whereabouts;
• each alleged child victim is not currently in present danger;
• there is no indication that any other child in the home is in present danger; and
• one or more of the following mitigating factors is present for each of the alleged child victims:
  • the child is hospitalized and will remain hospitalized during the mitigated response time frame,
  • the child is under continuous supervision of a responsible adult and will remain there during the mitigated response time, or
  • the Report is of a child’s death and it is confirmed that there is no other child in the home or the alleged perpetrator has no access to another child.

The response time frame may be mitigated while the mitigating factor is present, and for no more than 24 consecutive hours. A response time frame of seven days (Priority and Response Time 4) may not be mitigated. The Department must make reasonable efforts to have in-person contact with each alleged child victim while the mitigating factor is present and within the mitigated response time frame.

Contact law enforcement to request a welfare check in the following circumstances:

• An alleged child victim is currently outside of Arizona (may also contact the appropriate jurisdiction for response).
• A two hour response time frame is assigned, but a child victim is two or more hours away from the assigned local office, so that DCS is not able to make in-person contact with the child within the response time frame.
• There is concern for the safety of the DCS Specialist based on information in the Report or the criminal background of an adult in the home.
• The DCS Program Manager has approved the welfare check to be requested for another reason related to the safety of a child or DCS staff.

Reprioritizing to Expedite Response Time

If a new Report contains allegations that require a more immediate response time than has been prioritized and assigned by the Hotline, the DCS Program Supervisor or OCWI Chief should reprioritize the response time.

Reports that require a higher priority level and response time include but are not limited to:

• in-home sexual abuse allegations where the alleged perpetrator has access to the victim(s);
• the presence of bruises and/or injuries; and
• potential need for urgent or immediate medical attention.

Assessing Previous Unable to Locate Findings

Prior to assigning a new Report to a DCS Specialist or OCWI Investigator, the DCS Program Supervisor or OCWI Manager must review the person’s Prior History in Guardian. If there is a previous investigation finding of Unable to Locate, the DCS Specialist or OCWI Investigator must investigate the Unable to Locate allegations simultaneously with the allegations in the current Report. Upon completing the investigation, the DCS Specialist must change the Unable to Locate investigation finding to the appropriate finding. See Investigation Allegation Findings for more information.

Response to DCS Reports

The Report response time frame begins when a local DCS office receives the DCS Report from the Hotline either by telephone notification or when the Report is assigned (dispositioned) to the local office (appearing on the Supervisor’s Dashboard), whichever occurs first.

The DCS Specialist or OCWI Investigator must initiate the response to a DCS Report within the assigned response time frame by having in-person contact with an alleged child victim identified in the Report or attempting to have in-person contact with an alleged child victim at the child’s known or probable location.

The following examples do not constitute an initial response:

• calling the reporting source for additional information;
• requesting law enforcement to complete a welfare check; or
• having a telephone call with a school nurse, school social worker, relative, neighbor, non-abusing parent, etc., who claims to ensure the safety of the child.

The DCS Specialist or OCWI Investigator must make reasonable efforts to have in-person contact with each alleged victim within the assigned response time frame. When there are multiple children in the Report or a child’s location is not confirmed, initiate the response early enough to allow reasonable efforts to have in-person contact with all of the children within the Report response time frame. Reasonable efforts include actions to identify and respond to the probable location(s) of the child victims (such as the child’s home, non-custodial parent’s home, school or child care setting, and/or other probable locations identified in the Report or through other means). Prompt follow-up must occur until all alleged child victims and other children in the home have been seen in-person and the safety of each child has been assessed and managed, or reasonable efforts to locate each child have been made.

Locating the Child Victim and Family for Investigation

Reasonable efforts to locate the child and family for all cases assigned for investigation shall include:

• Make at least three attempts to locate the alleged child victim(s) and any other children in the home through home visits at different times of day and on different days of the week during the Assessment.
• Send a certified letter to the family’s last known address.
• Interview the reporting source or other persons who may have information about the location of the child victim or family such as the landlord or neighbors.
• Review the Family Assistance Administration (FAA) AZTECS database in Guardian to determine if a current address is available for the child and the child’s family.
• Contact the County Jail and the Department of Corrections if the DCS Report or other information indicates current or recent incarceration.
• Review public records and other open sites.
• Contact the parent and/or Indian child’s tribe or the Indian custodian, if applicable.
• Complete the DPS background check and review Motor Vehicle Division (MVD) information, when available, to determine if a current or recent address is available for the child’s family.
• Telephone calls to last known phone numbers.
• If approved, conduct a search of social media.

Complete the following additional reasonable efforts to locate the child if the circumstance applies to the child or family:

• if the child is of school age;
  • contact the child’s school or school district, if known; or
  • complete a search with the Arizona Department of Education; and
  • contact other schools in the area of the family’s last known address.
• if the child is attending childcare;
  • contact the child care provider, if known; or
  • contact the Department of Economic Security (DES) Child Care Administration to determine if the child is enrolled in another childcare facility.

Request law enforcement assistance in locating:

• the victim(s), or sibling(s) or
• a child who is a ward of the court.

If the family is believed to have left the State of Arizona and the state to which the family is or may be moving is known, contact that state’s child protection agency.

If preliminary information gathered during the Assessment indicates the child victim is in present danger and/or impending danger and the whereabouts of the child and family remain unknown, consult with the Attorney General’s Office regarding filing a dependency petition.

Requesting Locate Assistance

If reasonable efforts to locate the family were unsuccessful, document locate effort attempts in a Note within Guardian, prior to submitting a family locate referral.

The DCS Specialist will submit a family locate referral if the DCS Report response time frame is priority 1 or 2. A family locate referral may be used as part of reasonable efforts to locate a parent, guardian, or custodian for DCS Reports with priority 3 and 4 time frames, but is not required if the search efforts outlined above in Locating the Child Victim and Family for Investigation have been completed.

The DCS Specialist will confirm that the absent or missing person is identified as a participant in Guardian. The Assessment must remain open while the referral is being processed.

The Person Record ID for the absent or missing person must be included in the referral. To increase the likelihood of a successful and timely locate outcome, provide as much information as possible on the locate referral form such as:

• date of birth (DOB);
• Social Security Number (SSN);
• physical description; and
• last known address (LKA), etc.

The requestor’s section must be completed to serve as a contact mechanism should additional facts and/or clarification be needed to appropriately conduct the search.

Submit the locate referral as follows:

• If the locate request is for a national search, the DCS Specialist will email the completed DCS Field Locate Search, DCS-2512 to the assigned Program Specialist or other designated DCS staff.
• If the locate request is for a DCS Report that contains criminal conduct allegations, the DCS Specialist will email the completed DCS Field Locate Search, DCS-2512 to the Family Locate mailbox (FamilyLocate@azdcs.gov).
• If the locate request is for an international search, the DCS Specialist will email the completed DCS Family Locate Referral, CSO-1310A to the Family Locate mailbox (FamilyLocate@azdcs.gov).

Upon receipt of the Family Locate results, the DCS Specialist shall review the results and take action to attempt to locate the family using the contact information identified. If the child and family are not located with the additional information, the DCS Specialist shall staff the case with the DCS Program Supervisor. The DCS Program Supervisor will confirm that sufficient efforts to locate were made.

Missing Children, Notification, and Entry into Databases

The Department of Child Safety is required to notify the appropriate law enforcement agency when DCS receives a Report made pursuant to A.R.S. § 13-3620 or receives information during the course of providing services to the child and family that indicates a child is at risk of serious harm and the child’s whereabouts are unknown (missing). A missing child may be determined to be at serious risk of harm based on the following:

• the DCS Report narrative and/or additional information from the reporting source or other collateral contacts and a thorough review of the family’s history with DCS, including any law enforcement involvement; or
• an assessment that the child is in present danger or unsafe due to impending danger based on information collected from collateral sources and interviews conducted with family members or others.

When a child is at serious risk of harm and is missing or has been abducted, the DCS Specialist or OCWI Investigator shall consult with the DCS Program Supervisor or OCWI Manager to determine whether the child is a “missing child.”

If it is determined that a child is missing, follow the applicable procedures relating to notification to law enforcement and OCWI, and entry into databases in Locating Children Abducted from State Custody.

Missing Child is Located

If notified by the Hotline that the missing child has been located by law enforcement:

• immediately contact the law enforcement officer to determine the child’s location and information concerning the child’s current circumstances; and
• respond to the location of the child to assess the child’s safety and determine the need for a protective action.

It may be necessary to make arrangements for the child’s immediate placement if the child has been taken into protective custody by law enforcement. Obtain a copy of the Temporary Custody Notice from the law enforcement officer.

If the child is located by means other than law enforcement:

• respond to the location of the child, assess the child’s safety, and determine the need for protective action; and
• immediately notify the appropriate law enforcement agency that the missing child has been located.

If a missing child on an open case is located, the Hotline will:

• issue an Intake to the unit where the case is open; and
• contact the local DCS office where the child is located for an immediate response.

If a missing child on a closed case is located, the Hotline will:

• take a report based on the primary parent’s residence; and
• contact the local DCS office where the child is located for an immediate response.

Documentation

The DCS Specialist will print the results of the DPS check and place in the hard copy record in a sealed envelope marked “Confidential”.

The DCS Program Supervisor or OCWI Manager shall document the decision to assign a report as follows:

• Field Assessment;
• No Jurisdiction – Out of State;
• No Jurisdiction – Tribal; or
• No Jurisdiction – Military

Reports Dispositioned as No Jurisdiction

Document how and when the report information was provided to the appropriate jurisdiction, including the reason for no jurisdiction, in the Disposition Explanation narrative box.

Document the DCS Program Supervisor’s or OCWI Chief’s review and approval or denial of a decision not to take additional investigative action because there is a federal statute, state statute, or court order that prohibits or restricts the Department from fully assessing the report.

Document the following:

• the specific jurisdiction contacted (i.e., tribe, other state’s child welfare agency, local law enforcement, etc.);
• the name of the person contacted and their title;
• the date and time of the notification; and
• the police report or incident number if applicable.

Documentation of a Mitigated Response Timeframe

Document information obtained from law enforcement, other emergency personnel, or a professional mandated reporting source who made in-person contact with the alleged child victim(s) and confirmed the Report met the criteria for a mitigated response time frame. Documentation shall include:

• the name and profession of the person providing the information;
• the date and time when the information was provided directly to the assigned local DCS office;
• the date, time, and location of contact with each child victim;
• information that indicates each alleged child victim is not currently in present danger;
• information that indicates no other child in the home is in present danger;
• information that indicates a mitigating factor is present for each child victim.

Document the name of the DCS Specialist or OCWI Investigator who made the initial Department response. Document the date and time the DCS Specialist or OCWI Investigator had in-person contact with an alleged child victim, or attempted to have in-person contact with an alleged child victim at the child’s known or probable location.

Documentation of Response Initiation by Child Safety Specialist or OCWI

For unmitigated Reports, Document the name of the DCS Specialist or OCWI Investigator who made the initial Department response. Document the date and time the DCS Specialist or OCWI Investigator had in-person contact with an alleged child victim, or attempted to have in-person contact with an alleged child victim at the child’s known or probable location.

Documentation of In-Person Contact with Children

Document the actions taken to initiate the response, and reasonable efforts to have in-person contact with each alleged victim within the assigned response time frame, including actions to identify and respond to the known or probable location(s) of the child victims.

Document continuing efforts to have in-person contact with all alleged child victims and other children in the home, and to assess and manage the safety of each child.

Program Supervisor missing child documentation

Document in the Missing Person Details Tab information regarding the report to law enforcement including the date the youth went missing, the name of the law enforcement agency, the date of the report, the report number, and the name and phone number of the law enforcement point of contact. Document notification of all parties and specific attempts to locate the child.

If law enforcement does not accept a “missing” child or adult person report, document efforts to make the report in the Missing Person Detail. Include contact made by the assigned Program Manager elevating the decision to the next supervisory level within the appropriate law enforcement agency.

Within 24 hours of a missing child being located:

• update Guardian to reflect that the child has been located;
• update the Tracking Characteristic; and
• if the child was located by means other than law enforcement, ensure that the appropriate law enforcement agency has been notified.

Effective Date: February 1, 2021

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S02%20Pre-Commencement%20Activities%20Prepare%20Initial%20Response.htm

Chapter 2 : Section 2

Pre-Commencement Activities to Prepare for Initial Response

Procedures

Pre-commencement activities prepare the DCS Specialist for conducting the Family Functioning Assessment – Investigation. The DCS Specialist:

• obtains, reviews, and analyzes available information prior to initiating contact with the family; and
• develops a plan for the initial contact, including specific information to be collected at the initial contact.

Obtain and review as much information as possible before the initial contact, considering the urgency for response. For example, a Priority 1 response time frame may limit the DCS Specialist’s ability to gather historical information prior to making contact with the family. When essential review activities cannot to be completed prior to initial contact, the DCS Specialist should complete a comprehensive record review as soon as possible, prior to conducting further investigative activities.

If the DCS Specialist discovers there is an order of protection in place, the DCS Specialist must assess both worker and victim safety concerns and obtain additional information to the extent possible regarding the alleged perpetrator’s compliance or non-compliance with prior or current orders.

Obtaining and Reviewing History

Review the Guardian database for any records involving:

• the alleged child victim;
• the child’s parents;
• other adults residing in the household of the alleged abuse or neglect; and
• alleged perpetrator(s).

The review will include the following information:

• the current allegation narrative and parties involved;
• all prior Reports and investigation summaries to identify:
  • patterns of maltreatment types, alleged victims, alleged perpetrators, and investigative outcomes;
  • patterns of escalating maltreatment (i.e. increase in frequency of reports or severity of maltreatment) over time;
    • elapsed time between alleged maltreatment incidents (i.e. reports are occurring more frequently over the past 12 months, etc.);
    • injuries to a child victim that required hospitalization or medical treatment (or trauma therapy);
    • prior Department interventions (voluntary services, safety plans, judicial involvement);
  • change in household or familial composition;
  • patterns of pervasive individual or family conditions that have been unmanaged in the past (i.e. domestic violence, parental substance abuse, and unmanaged medical or mental health condition in a household member, etc.); and
  • services the family has been offered or participated in, the outcomes of these services (types, participation, progress, and completion), how these services addressed the identified safety threats and risks, and whether the services were successful.

Determine whether additional sources of information should be contacted, such as school or medical personnel, law enforcement, relatives, and other persons with knowledge about the allegations.

Determine whether additional information should be obtained, such as law enforcement records, medical records, school records, mental health records, and other relevant records.

If information is obtained that an allegation of child abuse or neglect may have been made in another state or other jurisdiction, contact the state or other jurisdiction to obtain the outcome of any investigation of the allegation(s). If history exists, request records from the jurisdiction to incorporate into the current Family Functioning Assessment. A list of state child welfare agencies is available at Child Welfare Information Gateway. If a family has lived in another state or jurisdiction, consult with a DCS Program Supervisor to determine if contact with the other state or jurisdiction will occur.

Obtaining and Reviewing Department of Public Safety (DPS) background checks

Obtain Department of Public Safety (DPS) background checks and results when investigating and responding to all reports of child abuse and neglect. Include a review of National Crime Information Center (NCIC), Arizona Criminal Justice Information System (ACJIS), and a search of public records. If unable to complete a DPS background check or more information is needed to support or refute the allegations, conduct a check of local criminal histories, including requesting information from local law enforcement for recent contact history with the family and/or at the residential address (if available).

In accordance with federal requirements, the criminal history information may only be used for these purposes and must be shredded when no longer needed for the investigation.

A request should be submitted for each case. Second and subsequent requests may be submitted as necessary, for example, when household composition changes or when updated information is needed. The criminal history information cannot be given, shown, or communicated to the person of record or any other persons who are not authorized to view criminal justice information. See DCS 02-45 Criminal Records Requests.

Submit a request for criminal history information on the parents of each child victim and all other adults in the home where the alleged abuse or neglect occurred to the DPS. Each request shall include the person’s full legal name, date of birth, and valid social security number.

The criminal history information should be used in developing a strategy to initiate the assessment and assist in decision making concerning the safety of the children and DCS staff.

Upon receipt of the criminal history information, determine whether any adult in the home has any current or prior criminal activity:

• that may pose a threat to the safety of the DCS Specialist or other child welfare staff;
• involving a child or that places a child at risk of harm, including past abuse or neglect of a child;
• involving substance abuse;
• involving domestic violence where:
  • a child was assaulted;
  • a child was injured or threatened, or may have attempted to intervene;
  • a child was inadvertently harmed even though the child may not be the actual target of the violence;
  • the caregiver’s own victimization (past or current) severely interferes with his or her ability to parent or protect child; or
  • a household member has past convictions regarding violent behaviors and acts toward others to include assault and battery, homicide, sexual assault or rape, or criminal acts involving weapons.

Obtaining and Reviewing Court Orders

The DCS Specialist shall make a good faith effort to 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. Court includes but is not limited to:

• city;
• criminal;
• domestic relations;
• family;
• justice;
• probate;
• federal; and
• tribal courts.

Limited information about orders for wants, warrants, orders of protection and injunctions will be available as part of the criminal history information obtained from DPS. The DCS Specialist should request copies of court orders by contacting the Clerk of Court, Superior Court in the county in which the order was entered. If the DCS Specialist confirms that the parent/caregiver’s custody, visitation, or contact with the child was denied or restricted, abide by the terms of the order if the order is in effect. The DCS Specialist cannot facilitate or concur with placement or contact of the child with the parent/caregiver in any manner that conflicts with the order. If the DCS Specialist confirms that any adult in the home has restricted contact with a child, abide by the terms of the order if the order is in effect.

If the order has expired or the status of the order cannot be confirmed, consult with the Office of the Attorney General prior to facilitating or concurring with placement or contact of the child with the parent.

Information obtained from the order or court records shall be considered during the investigation of the allegation(s) and assessment of child safety and safety planning.

Collection and Review of Additional Information and Documents

Obtain and review medical, school, and/or behavioral health records for the child if:

• the current allegations are directly related to the child’s physical health, education, or behavioral health;
• there is reason to believe these records contain information that will fill a gap or reconcile an inconsistency in the information about child safety; or
• there is reason to believe records contain evidence necessary for substantiation or a dependency.

When obtaining the child(ren)’s medical, school, and/or behavioral health records, the DCS Specialist should do the following:

• Speak with the physician, school, and/or mental health professionals to gather additional information when safety threats or risks in the area of physical health, education, or behavioral health are identified or suggested through the interviews with the child or family members.
• Utilize the Request for Release of Education Records (Investigations Only), (CSO-1048A) when requesting a child’s education records during a DCS investigation.
• Utilize the Request for Release of Medical Information (Investigations Only), (CSO-1049A) when requesting medical and behavioral records from the physician, mental health professional, or appropriate medical provider.
• Utilize the Request for Release of Educational Records, (CSO-1050A) when the child/youth is a ward of the Court in the legal care, custody, and control of the Department.

Obtain and review medical and/or behavioral health records or provider reports for parents, guardians, or caregivers if any of the following apply:

• The parent’s, guardian’s, or custodian’s medical or behavioral health is directly related to the current allegation.
• There is reason to believe these records contain or confirm information that will fill a gap or reconcile an inconsistency in the information about child safety.
• There is reason to believe the records contain evidence necessary for substantiation or dependency action.

When obtaining the parent’s, guardian’s, or custodian’s health, behavioral health, or substance abuse records, obtain signed consents authorizing release of the records utilizing the Authorization to Disclose Health Information, CSO-1038A.

Required Reporter Contact

The DCS Specialist shall attempt to contact the reporting source to verify information contained in the allegation narrative and to explore additional information the reporter might have on the maltreatment incident or about the child or family’s functioning. Attempt to contact the reporting source prior to the initial contact with the family, except when a concern for child safety and the need for expediency warrants a post-initial response contact, as in the following circumstances:

• An immediate response is needed because a Priority 1 response time is required.
• Attempting contact with the reporter may increase the risk of harm to the child or adult household member (e.g., reporter is a subject of the report or resides in the same home as the family and attempted contact may inadvertently alert the alleged perpetrator of the investigation, etc.).

When circumstances preclude contacting a reporting source prior to initial contact with the family or an attempted contact was unsuccessful, contact the reporting source as soon as practical after the initial response is completed.

Preparing for Specific Types of Investigations

The investigation of specific types of allegations may require additional preparation or action by the DCS Specialist, and/or may require the DCS Specialist to obtain and review additional documentation and information to support or refute the allegations of abuse or neglect.

Medical Examinations

Medical examinations and/or consultation by a physician with expertise in child abuse and neglect are required for specific injuries or circumstances. Examinations and/or consultations are available through the local Child Advocacy Centers or may be performed at a medical center or hospital where the child is located. This requirement applies to the following injuries or circumstances:

• Head injury resulting in skull fractures or impact to the skull;
• Internal organ injury;
• Multiple injuries or multiple plane injuries (battering);
• Severe facial bruises;
• Fractures or bruises in a non-ambulatory child;
• Fractures;
• Instrumentation injury with risk of impairment;
• Immersion burns;
• Second and third degree burns;
• Abusive Head Trauma;
• Medical Child Abuse (e.g., Fabricated or Induced Illness/Factitious Disorder);
• Delayed or untreated medical condition, which is life threatening or permanently disabling which may include Infant Doe, comatose state or debilitation from starvation or possible non-organic failure to thrive;
• Serious physical injury or illness due to neglect;
• Child under age six who has been provided prescribed/non-prescribed or illegal drugs or alcohol and is exhibiting symptoms of the drug or alcohol;
• Child reporting vaginal or anal penetration or oral sexual contact (oral contact with the penis, vulva or anus) within the past 72 hours, AND has not been examined by a medical doctor; or
• Child reporting sexual abuse within the past 120 hours, AND has not been examined by a medical doctor.

Consider a medical examination/urine analysis if there is reason to believe a child has been residing in a home with extensive drug usage or sales, or if the child had access to the drugs.

Consider a medical examination of non-verbal siblings in cases of near fatality or fatality as a result of physical abuse.

Forensic medical examinations are generally required for cases involving criminal conduct allegations, especially when sexual abuse is indicated. Consult the county’s joint investigation protocol to determine whether a forensic medical examination is required.

Based on consultation with the DCS Program Supervisor, medical examinations may be obtained in other circumstances to confirm whether the injury is non-accidental or suspected to have been inflicted.

Explain to the parent, guardian, or custodian the purpose of the medical examination and try to elicit their support and permission for the process.

If the parent, guardian, or custodian refuses to allow the child to be examined, place the child in temporary custody for up to 12 hours to have the child examined by a medical doctor or psychologist. Utilize the Temporary Custody Notice, CSO-1000, if the child is removed.

When it is suspected that abuse or neglect has occurred, but a physician or other medical personnel is unable to confirm the abuse or neglect, differing or conflicting medical opinions have been received from the same or different physicians regarding the diagnosis or specific medical finding(s), the case, including all medical opinions should be reviewed within 48 hours with a:

• physician who has substantial experience and expertise in child abuse and neglect diagnosis; or
• multidisciplinary team (MDT) to include a physician who has substantial experience and expertise in child abuse or neglect diagnosis, any attending physician, the DCS Specialist and the DCS Program Supervisor.

If a MDT or expert medical consultation is unavailable in the area, consult with the DCS Program Supervisor to contact the DCS CHP Chief Medical Officer at 602-351-2245.

Fatality and Near Fatality

When investigating a child fatality, coordinate with law enforcement and the Office of Child Welfare Investigations (OCWI), if available, to gather medical documentation to determine whether a child’s death was the result of abuse or neglect. Discussion with the physician (e.g. medical doctor or doctor of osteopathy) to determine if:

• the child’s injury or condition is consistent with a non-accidental injury and/or due to parent, guardian, or custodian neglect; and
• based on the information the physician has at this time, is it the physician’s opinion that the child likely died as a result of this injury or condition.

 

When investigating a near fatality, discuss with the physician (e.g. medical doctor or doctor of osteopathy) to determine whether:

• the child’s injury or condition is consistent with a non-accidental injury and/or due to parent, guardian or custodian neglect; and
• the child is in serious or critical condition because of this injury or condition.

A child’s injury may also be identified as a near fatality when a parent, guardian, or custodian has admitted to or has been arrested, indicted, charged, or convicted for causing the child’s injury and the medical professional has confirmed the injury places the child in serious or critical condition.

Allowing a Child to Enter or Remain in a Structure or Vehicle in which Chemicals or Equipment is Found for Manufacturing a Dangerous Drug

Information gathering should focus on whether the parent, guardian, or custodian knew or should have known that dangerous drugs were being manufactured in the structure or vehicle, and whether they allowed the child to enter or remain in the structure or vehicle. Also, determine the frequency and duration that the child was in this location.

Indicators that the parent, guardian, or custodian may have known or should have known include the following:

• the presence of drugs, drug equipment, or paraphernalia;
• persistent noxious odor;
• purchasing or sale of an illegal substance from the structure or vehicle; or
• presence or observation of volatile, toxic, or flammable chemicals intended to be used for manufacturing a dangerous drug.

 

Inquire about or observe the following in assessing the parent’s, guardian’s, or caregiver’s knowledge:

• frequent visitors or activity at all times or at odd hours of the day/night;
• the occupants are unemployed, yet they appear to have money and other commodities;
• there is extensive security (such as cameras) or unusual ways to obscure the home or vehicle;
• there is an indication of chemical waste dumping (such as “burn pits” or “dead spots”) in the yard;
• there is an indication of the following chemicals or equipment:
  • rubber tubing;
  • bunsen burner;
  • ammonium sulphate;
  • kitty litter;
  • sodium hydroxide;
  • rock salt;
  • camp fuel;
  • solvent (such as lighter fluid);
  • liquid propane;
  • freon;
  • iodine;
  • lacquer thinner;
  • sulfuric acid (such as Liquid Plumr); or
  • multiple packs or boxes of Sudafed, ephedrine and/or pseudoephedrine etc.

Medical Marijuana

If a parent, guardian, or custodian claims they are a qualifying medical marijuana patient with a debilitating medical condition, focus information collection on whether the medical use of marijuana impairs parental functioning, and/or whether the child has been intentionally or negligently exposed to medical marijuana; thus, placing the child in present or impending danger. Consider the following when making this determination:

• the debilitating medical condition;
• method of consumption (smoking, vaporization, infused edible food products, etc.);
• any action taken by the patient to ensure that any child in the home is not adversely affected by the patient’s medical use of marijuana such as plans to:
  • consume (smoking, vaporization, infused edible food products, etc.) when the child is not present, or
  • make arrangements so that the child is not exposed to “second hand” smoke or vapor;
• any action taken by the patient to make arrangements so the child in the home does not have access to the marijuana, such as:
  • the marijuana is clearly labeled, out-of-sight and not accessible to the child;
  • if the patient is authorized to cultivate marijuana plants for the patient’s medical use, whether the plants are secured in an enclosed, locked facility;
  • if the patient cooks with marijuana, whether any resultant food products are clearly labeled, out-of-sight, and not accessible to the child;
• the effect of the debilitating medical condition and the medical use of marijuana on the patient’s ability to provide a safe home environment for the child, including:
  • transportation to/from appointments, and other routine activities;
  • any concerns by the patient’s physician about the patient’s ability to provide for the child’s safety and well-being; and
  • whether there is another responsible un-medicated caregiver in the home when consumption occurs, and if more than one caregiver is a qualifying patient, plans to ensure that one caregiver is un-medicated (established routine where one caregiver is un-medicated at all times).

Substance Exposure to a Newborn Infant (under 30 days of age)

Information gathering should focus on documenting that a health professional has determined that a newborn infant was exposed prenatally to a drug or substance listed in section A.R.S. § 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional. The determination by the health professional shall be based on one or more of the following:

• Clinical indicators in the prenatal period, including maternal or the newborn presentation.
• History of substance use or abuse including the type, frequency, and amount of drug used and the last time used.
• Medical history.
• Results of a toxicology or other laboratory test on the mother or the newborn infant.

Obtain all relevant medical documentation regarding the determination made by the health professional. Health professionals include physicians, surgeons, nurse practitioners, or

physician assistants acting under the direction of a physician or surgeon.

If available, collect additional information evidencing the parent’s, guardian’s, or custodian’s drug and/or alcohol use, including but not limited to:

• the child’s complete medical records;
• the mother’s medical records pertaining to the period of pregnancy; and
• any additional records (such as police report or medical records) evidencing the parent’s, guardian’s, or custodian’s drug and/or alcohol use.

Substance Exposure to Infant (from birth to up to one year of age)

In addition to the above, information gathering should focus on documenting that the use of a dangerous drug, narcotic drug, or alcohol by the mother adversely affected the infant’s health. Information gathering should include a:

• medical diagnosis that the child was exposed to a dangerous drug, a narcotic drug or alcohol during pregnancy;
• identification of the adverse effects of the prenatal exposure; and
• medical interpretation that the infant’s symptoms are the result of the prenatal exposure.

Fetal Alcohol Syndrome (FAS) or Fetal Alcohol Effects (FAE)

Information gathering should focus on documenting the diagnosis by a health professional of an infant under one year of age with clinical findings consistent with FAS or FAE. The diagnosis may be made at any time during the child’s first year of life.

Deliberate Exposure to or Reckless Disregard of the Child’s Presence During Sexual Activity

Deliberate exposure means that the parent, guardian, or custodian knowingly and willingly subjected the child to sexual activities, including:

• having the child read or view explicit sexual materials (pornography);
• buying the child explicit sexual materials (pornography);
• taking the child to a strip club;
• having the child view others engaged in sexual activity; or
• allowing the child to see activities of bestiality or materials depicting bestiality.

Reckless disregard means that the parent, guardian, or custodian knew or should have known that the child was present or would likely be present when engaging in sexual activity, and failed to take actions to prevent the child from observing the activity such as closing and/or locking the door, waiting for the child to sleep, etc. Note that this would not include infants who sleep in the same room as their parent, guardian, or custodian, Information gathering should focus on obtaining statements from credible witnesses (including the child and parent) and corroborative evidence of the alleged behavior involved.

Child Victim of Sex Trafficking

Sex Trafficking involves recruiting, harboring, transporting, obtaining, maintaining, or benefiting financially from any commercial sex act involving a child. Gather information from interviews with the child and other sources to determine if the child is a victim of sex trafficking. A child who has been subject to commercial sexual exploitation is always considered a victim of sex trafficking, not a perpetrator.

When information indicates that a child has been exposed to sex trafficking, follow procedures for Criminal Conduct or New Allegations Disclosed During the Investigation found in Initial Contact and Conducting Interviews. Refer the child to appropriate services to address any needs.

Unreasonable Confinement

Confinement means the restriction of movement or confining of a child to an enclosed area and/or using a threat of harm or intimidation to force a child to remain in a location or position.

Information gathering should take into account the totality of the circumstances. The totality of the circumstances includes consideration of:

• the method and length of confinement;
• the child’s age, developmental and cognitive functioning; and
• any special needs such as mental illness, behavioral health, and physical limitations.

Examples of unreasonable confinement may include but are not limited to:

• tying a child’s arms or legs together;
• binding (tying) a child to a chair, bed, tree, or other object; or
• locking a child in a cage.

Locking a child in a bedroom, closet, or shed may be unreasonable confinement, taking into account the totality of the circumstances, such as:

• the length of time;
• whether the child was deprived of food, water, access to a bathroom; or
• had no means to leave in the event of an emergency.

Documentation

Review the Prior History in Arizona, as well as other states or jurisdictions. Document the completion of the review in Notes.

Document that a Department of Public Safety (DPS) background check has been completed, including the name of the person ran and their relationship to the child, in Notes.

Court Orders Limiting or Restricting Contact:

• Document in Notes efforts made to obtain the information, including the date that each parent, guardian, or custodian was asked if a current court order exists, and their responses.
• List any court order that may restrict or deny custody, visitation or contact with the child(ren); including the jurisdiction and involved parties.
• Summarize any court orders that indicate a potential safety threat.

Joint Investigation and/or Law Enforcement Involvement:

• Identify Law Enforcement agency, Detectives names, contact information, and DR# for the incident.
• Document the status of the joint investigation and outcomes. complete of the Joint Investigation Details for all reports containing the “Criminal Conduct” tracking characteristic.

Documents Reviewed (if applicable):

If any of the following documents were obtained and reviewed, upload as an Artifacts into Guardian and file the originals into the hard copy record:

• Police reports;
• Public Access information;
• Medical records;
• School records;
• Court orders;
• Provider reports on services provided to the family; and
• Any other documents reviewed.

Any consultation with the AAG shall be documented in Notes as AG Contact.

Upload written reports and documentation provided by collateral sources as Artifacts into Guardian and file originals in the hard copy record.

Document a near fatality by confirming or entering the Near Fatality tracking characteristic in Guardian.

Document the child’s medical need, examination and child’s physician information in Guardian

Update the person details to document each case participant’s language preference and English proficiency.

Effective Date: March 7, 2024

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S03%20Initial%20Contact%20and%20Conducting%20Interviews.htm

Chapter 2 : Section 3

Initial Contact and Conducting Interviews

Procedures

Joint Investigation with Law Enforcement

Criminal conduct allegations require a joint investigation with the law enforcement entity of the jurisdiction where the allegations reportedly occurred. Prior to conducting interviews with the family, consult local law enforcement where the incident occurred and coordinate investigative efforts and interviews according to an appropriate interview sequence designated by the assigned law enforcement agent. Each county has different protocols for Joint investigations, which may be accessed at Joint Investigation Protocols.

Joint Investigations are a partnership with law enforcement requiring clear role delineation. The roles and responsibilities of law enforcement and DCS personnel are different.

Protocols for Joint Investigation

Coordinate the investigation with the identified law enforcement agency. Coordination requires a shared, cooperative approach and ongoing consultation, collaboration, and communication. Joint investigations include:

• developing a plan to complete the investigation;
• responding with law enforcement;
• communicating openly and frequently to discuss the status of the assessment or case; and
• obtaining and sharing information in a timely manner, particularly at the following critical communication points:
  • completion of interviews;
  • filing of a dependency petition;
  • prior to the return of the child victim to the home at any time during the life of the assessment or case;
  • prior to the return of an alleged perpetrator to the home at any time during the life of the assessment or case;
  • re-assessment of safety to include a possible change in the safety plan or a change in placement; and
  • disclosure of information about the criminal conduct.

Initiate the investigation within the assigned Standard Response Time.

If law enforcement is not able to respond jointly within the response time requirements established for the Department, explain to the law enforcement agency that the Department is proceeding with its investigation of child safety.

OCWI Joint Investigative Liaisons (JILs) shall be used as a resource for resolving investigative conflicts between DCS and law enforcement. JILs can be reached by calling the Hotline.

When a child is identified as a victim in a report alleging criminal conduct, protect the child victim against harassment, intimidation, and abuse. Do not allow the alleged abusive person or any other person to:

• threaten, coerce, or pressure the child victim; or
• be present during interviews, family meetings; or other Departmental actions with the child victim.

Prior to report closure, contact law enforcement to verify there are no additional steps needed by the Department and ask if law enforcement is pursuing prosecution.

Initial Contact – Interviewing and Observing Children

Interview a child who is the subject of investigation (identified as the child victim in the report) or another child who lives in the home prior to law enforcement involvement, when necessary, to determine child safety. Whenever possible, interview the child, siblings, and all other children living in the home in a safe and neutral location. Interview the child alone for all or part of the interview. Ask the parent who is not alleged to have abused or neglected the child to be present for the child interview if the child refuses or is reluctant to be interviewed without the parent being present.

The DCS Specialist should use sensitive and inclusive language, and treat all children with dignity and respect.

If a child is non-verbal, substitute the interview with observation of the child including the ability of the child to participate in age and developmentally appropriate milestones.

The alleged perpetrator shall not be present during the interview of a child who is the subject of an investigation, the child’s siblings, or any other child in the household.

Provide children with information about the investigation process, including the role of various individuals in the process, and explain that the Department is working to ensure their safety.

Inform a child who identifies as LGBTQIA+ that their sexual orientation or gender identity will not be disclosed to other individuals or agencies without the child’s permission, unless the information is necessary to ensure the child’s safety or a judge orders the disclosure.

When a child is interviewed without consent of the parent, guardian, and/or custodian, initiate contact with the parent, guardian, and/or custodian the same day and inform of the child’s interview. The DCS Specialist should make reasonable efforts to inform the parent, guardian and/or custodian about the interview before the child returns home from school, when applicable.

If efforts to contact the parent, guardian, or custodian are not successful, talk to the reporting source, as appropriate, to determine if there is a means to contact the parent, custodian, and/or guardian. If there is no way to contact the parent, guardian and/or custodian, leave a copy of A Guide to the Department of Child Safety at the home, along with your name, address, phone number, and a request to be contacted.

Interviewing a Child at School

If an interview of a child needs to be conducted at school:

• Be respectful to the school’s rules, schedule, testing, and the child’s educational needs.
• Coordinate with the school’s administrative personnel.
• Provide DCS identification and a copy of the Request for Interview at School.
• Ask to interview the child privately. If the child requests that a teacher or other school staff member be present for the interview, explain the need to speak with the child privately.
• Limit the amount of time a child misses classroom instruction.
• Do not share any additional details of the investigation with school personnel unless needed to determine the child’s safety.
• Collect additional information if needed by requesting school records and interviewing school personnel by using the Request of Release of Education Records (investigation only).

If interviewing the child at school and there is a joint investigation, criminal conduct allegation, or law enforcement involvement, the Department or law enforcement must have parental permission, a court order/warrant, or exigent circumstances to conduct a full interview at school. Exigent circumstances means a child has suffered or will imminently suffer abuse or neglect, and it is reasonable to conclude the child will be in danger if the child returns home.

Without authorization as noted above, the Department can briefly question a child who is the subject of a Hotline report to assess child safety. The Department should:

• limit the assessment to approximately 20 minutes or less;
• ask who, what, where, when questions to determine whether there is probably cause to believe that it is clearly necessary to take temporary custody to protect the child from suffering abuse or neglect, and it is contrary to the child’s welfare to remain in their home;
• assess for child safety only; and
• do not conduct a full interview with the child.

If denied access to the child, notify the DCS Program Supervisor and contact the Attorney General’s Office. If denied an investigations records request, email litigation@azdcs.gov.

Photographing

If a child has visible injuries and/or visible indicators of abuse or neglect, arrange to have the child photographed, preferably by law enforcement, a Child Advocacy Center, or a medical professional; and at the same time as a medical evaluation to reduce the number of times the child is examined. If these personnel are not available, photograph the child by depicting the child’s entire body and face, not just the external manifestation of abuse. The Department shall not take photographs of a child’s genitals. Photographs should include ruler and color bar where possible. Label each photograph with the child’s name, date of photograph, date of birth, name of DCS Specialist, and name of the person taking the picture. Photographs of children can be taken without permission of the parent, guardian and/or custodian.

Preparing to Meet with Parents, Guardians, and/or Custodians

Review the Person Record for each person to determine whether English is the person’s primary language spoken. If another language is the primary language, ask the person if they wish to communicate in their primary language. If the person wishes to communicate in their primary language, ensure interpretation and translation services are in place; see Limited English Proficiency for more information on obtaining language services.

Gather the following documents, and provide them to the parent, guardian, and/or custodian when appropriate and necessary, as defined below:

• A Guide to the Department of Child Safety, CSO-1010A;
• Notice of Duty to Inform, CSO-1005A;
• Safe Sleep for Your Baby (for families with a child under one year of age);
• Authorization to Disclose Health Information (to obtain a parent/guardian/custodian or adult’s medical or behavioral health records).
• Present Danger Plan and Present Danger Plan Signature Page (if a child is found to be in present danger);
• Safety Plan and Safety Plan Signature Page (if there is an impending danger safety threat to a child);
• Voluntary Placement Agreement (when parent, custodian, or guardian agrees to a voluntary placement);
• Temporary Custody Notice (serve to a parent, guardian, and/or custodian when the Department has taken temporary custody of a child);
• Notice of Removal (serve to a school, child care provide., or other location when the Department has taken temporary custody of a child or removed a court ward); and
• Kinship Placement Agreement and Notification of Resources (for all kinship placements).

Informing a Parent, Guardian and/or Custodian Under Investigation of Their Rights

Persons under investigation by the Department have specific rights in addition to any rights afforded in a law enforcement investigation or criminal proceeding. Inform all persons of their rights in a Department investigation, even when law enforcement has informed a parent, guardian, and/or custodian of their rights with regard to a criminal investigation. During a criminal conduct investigation, the Department is required to disclose the allegations, but statute allows the Department to withhold details that would compromise an ongoing investigation.

Upon initial contact (whether by telephone, in-person or other method), inform the parent, guardian, and/or custodian under investigation verbally and in writing of all of the following:

• The individual is under investigation by the Department and the specific complaint or allegation made against the person.
• The Department has no legal authority to compel cooperation with the investigation or to compel the parent, guardian, and/or custodian to receive services.
• The Department shall proceed with the investigation (by interviewing other persons who have information about the alleged abuse or neglect and the safety of any child living in the home, etc.) whether agreed to or not.
• The Department has the authority to petition the Juvenile Court for a determination that the child is dependent.
• Refusal to cooperate with the investigation or participate in services offered does not in itself constitute grounds for temporary custody.
• The individual may deny the Department entry into the home, unless the Department obtains a court order.
• The individual has a right to seek the advice of an attorney and to have an attorney present during their interviews.
• The right to provide written, telephonic, or other verbal responses to the allegation(s), including any documentation, and to have the information considered in determining whether the child is in need of Department intervention.
• The individual may refuse to sign a release of information, consent to drug or alcohol testing, or submit to a mental health evaluation.
• Any information provided in response to the allegation(s) will be considered during the investigation.
• Any verbal response will be included in the report of the investigation.
• Any written response, including any document, will be included in the Department’s record.
• Anything the person says or writes can be used in a court proceeding.
• The right to file a complaint with the Arizona Ombudsman-Citizens Aide Office, the DCS Ombudsman Office and to appeal determinations made by the Department.

Ensure the information contained in the Notice of Duty to Inform is explained to the parent, guardian, and/or custodian in a language and manner that the parent, guardian, or custodian understands. See

Engaging Parents During the Investigation Process.

 

After informing the parent, guardian, and/or custodian of the above rights, have the parent, guardian, and/or custodian sign the Notice of Duty to Inform, acknowledging receipt of notification of these rights. Provide a copy to the parent, guardian, and/or custodian.

Each parent, guardian, and/or custodian under investigation must be provided a separate Notice of Duty to Inform.

Provide the parent, guardian and/or custodian with the telephone number and email address for the DCS Office of the Ombudsman (602-364-0777 or ombudsman@azdcs.gov).

Provide the parent, guardian and/or custodian with the telephone number and email address for the Arizona Ombudsman-Citizens’ Aide (602-277-7292 or ombuds@azoca.gov).

Conducting Interviews of Parents, Guardians, and/ or Custodians Who Reside in the Household of the Alleged Abuse or Neglect

Prior to initiating contact with an adult who resides in the household of the alleged abuse or neglect, review the information available to effectively develop a strategy to engage the participant. Not every interview is the same and each person may require a different technique in order to effectively engage in the interview process. If needed, consult with other Department personnel to assist in this process.

Establish a working relationship with the family to facilitate information gathering. Spend sufficient time establishing and building rapport with the child’s parents, guardians and/or custodians by:

• asking and using the name the parent, guardian or custodian would like to be called during the course of the interview;
• notifying parents, guardians and/or custodians of their rights relative to the investigative process at the very beginning of the investigation;
• explaining, as part of the introductory process, the role of the DCS Specialist, role of the Department and the essence of the report (without getting into the details of the maltreatment until the interview process has begun in full);
• addressing parental concerns, deflecting strong reactions, and demonstrating empathy in response to significant emotions resulting from the parent, guardian and/or custodian’s response to being a subject of an investigation;
• using sensitive and inclusive language, and treating the parent, guardian and/or custodian with dignity and respect;
• empowering parents, guardians and/or custodians by asking for assistance in arranging for a private place to conduct interviews, scheduling follow-up interviews, and asking for additional contact information on family members, friends and individuals in their support network who they want the investigator to speak with about their family’s circumstances; and
• guiding the interview process by redirecting the conversation back to the collection of relevant information when parents, guardians and/or custodians repeatedly move off-topic, recognizing the difference between intentional avoidance or misdirection and the need for the Specialist to address a legitimate concern before refocusing the interview.

During the initial interview with parents, guardians and/or custodians who reside in the household of the alleged abuse or neglect, the DCS Specialist should ask questions to elicit information related to the following domains of family functioning:

• asking and using the name the parent, guardian or custodian would like to be called during the course of the interview;
• Extent of child maltreatment;
• Circumstances surrounding the maltreatment;
• Child functioning on a daily basis;
• Adult functioning on a daily basis;
• General parenting practices; and
• Discipline and behavior management.

For more information to assist in conducting interviews see Family Functioning Assessment – Investigation.

If unable to complete in-person interviews in the home, complete one visit to the home of the child victim to observe the physical condition of the home and the living environment, and to assess the safety of the children in the home. Document observations, and take photographs if appropriate.

Ask the parent, guardian, and/or custodian if the child’s parent is of American Indian heritage/ancestry. On the Notice of Duty to Inform, document the response, including the name of tribe of which the child is a member or is eligible for enrollment.

Ask the parent, guardian, and/or custodian to identify their child’s ethnicity.

Conducting Interviews of Parents, Guardians, and/or Custodians Who Do Not Reside in the Household of the Alleged Abuse or Neglect

The DCS Specialist shall gather information about any parent, guardian, and/or custodian of an alleged child victim who does not reside in the home of the alleged abuse or neglect in order to determine:

• the person’s name, address, and other contact information;
• whether paternity or other legal relationship has been established between the child and parent;
• whether there are any court orders related to custody, visitation, or contact with the parent, guardian and/or custodian; and
• the frequency, duration, and nature of contacts between the parent, guardian and/or custodian and child(ren).

The DCS Specialist shall interview all parent(s), guardian(s), and/or custodian(s) of the alleged child victim(s) who do not reside in the household of the alleged abuse or neglect, if the whereabouts can be reasonably determined. During the interview, the DCS Specialist will:

• asking and using the name the parent, guardian or custodian would like to be called during the course of the interview;
• confirm the relationship between the child and the other parent, guardian and/or custodian;
• inform the parent, guardian, and/or custodian of the allegation of abuse or neglect to the child;
• gather information from the parent, guardian, and/or custodian regarding the six domains of family functioning pertaining to the home of the alleged abuse or neglect; and
• gather information about the household of the parent, guardian, and/or custodian being interviewed as described in Family Functioning Assessment – Investigation.

For more information about conducting interviews see Family Functioning Assessment – Investigation.

Ask the parent, guardian, and/or custodian if either of the child’s parents are of American Indian heritage/ancestry.

Ask the parent, guardian, or custodian to identify their child’s ethnicity.

Interviewing Collateral Contacts

In most instances, the reporting source should be the first individual contacted, prior to commencing the investigation. Contact the reporting source to corroborate information obtained by the Hotline and obtain other information the reporter might have on the extent of the maltreatment, circumstances surrounding the maltreatment, child functioning, adult functioning, general parenting, and disciplinary and behavior management practices. Ask the reporting source for the names and contact information of other reliable collateral contacts who know the family.

Identify collateral contacts likely to have relevant and reliable information on the family. Protect the identity of the collateral contacts, to the extent possible, when discussing with the family information shared about the family.

In addition to individuals who have direct knowledge about circumstances surrounding the maltreatment, collateral contacts or sources may include:

• individuals who have regular contact with the child and are likely to be able to describe the child’s day-to-day functioning;
• doctors or other professionals who have evaluated or maintain records on the child;
• individuals with established personal or professional relationships with the parent, guardian and/or custodian who can likely describe the parent, guardian and/or custodian’s day-to-day functioning; and
• individuals likely to have witnessed the interactions between the child and parent, guardian and/or custodian, and/or who can describe general parenting and disciplinary and behavior management practices.

When interviewing relatives, neighbors, and others about the alleged abuse or neglect, share only the information that is necessary to secure additional information about the child and family.

Address Confidentiality Program

If a person notifies the Department of enrollment in the Address Confidentiality Program (ACP), the Department shall follow the procedures outlined in Administrative Policy DCS 07-12 Address Confidentiality Program.

Observing Family Interactions

If family members are seen together, observe family interactions and the family conditions to which the child(ren) are routinely exposed, protective capacities, style of communication, power and control dynamics, and parenting skills as actually applied compared to those described by parents, guardians and/or custodians.

Parent-Child Interactions

If a parent, guardian and/or custodian and child are seen together, observe attachment and interaction dynamics to assess child and adult functioning, general parenting, and parental disciplinary practices and behavior management. Observe whether any of the following are occurring in the parent-child interactions, to evaluate parental protective capacities:

• Child displays behaviors that seem to provoke strong reactions from the parent, guardian and/or custodian.
• Parent, guardian and/or custodian ignores inconsequential behavior or appropriately responds to child’s “acting out.”
• Child has difficulty verbalizing or communicating needs to parent, guardian and/or custodian.
• Parent, guardian and/or custodian easily recognizes child’s needs and responds accordingly.
• Child demonstrates little self-control and repeatedly has to be re-directed by parent, guardian and/or custodian.
• Child plays independently or with siblings/friends age appropriately.
• Child responds much more favorably to one family member.
• Family members appropriately express affection for each other.
• Parent, guardian and/or custodian demonstrates good / poor communication or social skills.
• Parent, guardian and/or custodian is very attentive / ignores or is very inattentive to child’s expressed or observable needs.
• Parent, guardian and/or custodian consistently / inconsistently applies discipline or guidance to the child.
• Parent, guardian and/or custodian reacts impulsively to situations or circumstances in the home.
• Parent, guardian and/or custodian demonstrates adequate coping skills in handling unexpected challenges.

Adult Interactions

If the parents, guardians and/or custodians are seen together, observe how the identified alleged perpetrator and non-offending parent, guardian and/or custodian (and other adult caregivers) relate to each other. Observe the following interpersonal and relationship dynamics to assess parental protective capacity to manage out-of-control behaviors, actions, or conditions identified in the home:

• One individual appears much more dominant or controlling in the relationship (i.e., interrupts conversations, challenges partner’s statements, exhibits dismissive non-verbal communication in response to other person’s comments – rolling of eyes, smirks, etc.).
• The non-offending caregiver appears very self-confident and self-assured.
• The adult relationship appears volatile and “all consuming” leaving inadequate time or energy for non-offending parent to address child’s needs.
• The non-offending caregiver attempts to demonstrate effective parenting efforts, but is undermined by the alleged perpetrator.
• Only one individual appears to be effective in disciplining and managing child behavior.
• A co-dependent, high/low functioning dynamic appears to exist between the individuals with significant caregiver responsibility with the identified alleged perpetrator not being held accountable for inappropriate or irresponsible behavior(s) by the higher functioning, more capable adult.

Criminal Conduct or New Allegations Disclosed During the Investigation

If during the course of an investigation, evidence suggests an allegation might be criminal conduct, contact the Hotline via an Intake Supervisor to add the allegation to the current report.

If the Intake Supervisor believes that the allegation meets criminal conduct criteria (See Investigations Involving Allegations of Criminal Conduct), the Intake Supervisor adds a tracking characteristic of criminal conduct to the allegation and contacts OCWI. If determined that the allegation meets criminal conduct criteria, the OCWI Manager contacts law enforcement.

If during the course of the investigation, the information collected reveals new or previously unreported incidents of abuse or neglect, contact the Hotline to provide the new information.

If during the course of the investigation, evidence indicates that a felony criminal offense perpetrated by someone other than a parent, guardian, or custodian or other adult member of the child’s home has been committed, contact the appropriate law enforcement agency.

Documentation

Upload the Notice of Duty to Inform as an Artifact in Guardian, and file the hard copy in the hard copy file.

If the individual does not agree to sign or is unable to sign the Notice of Duty to Inform, acknowledging receipt of their rights and other Department information, document why efforts to obtain the individual’s signature were unsuccessful.

Document all interviews in narrative form with the date, type, time, location, who was present, and information collected; or the concerted efforts to locate, contact, and interview.

Document ethnicity for each person in the person record. If the parent, guardian and/or custodian identifies any American Indian ancestry or heritage, document in the Tribal Affiliation in Guardian.

Document any consultation with the Attorney General’s Office in a Note under AG Contact.

Document consultation with the DCS Program Supervisor, or designee, in a Note under Supervisory/Management Contact.

File written, telephonic, or verbal responses to the allegation provided by the subject of a DCS assessment, any written response to the allegation, and any documentation obtained from the subject of a DCS assessment in the hard copy record.

Scan all written reports and documentation provided by collateral sources and upload as an Artifact in Guardian, and file hard copies in the hard copy file records.

Effective Date: October 30, 2023

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S04%20Present%20Danger%20Assessment%20Planning.htm

Chapter 2 : Section 4

Present Danger Assessment and Planning

Procedures

Present Danger Assessment

Upon contact with the child and family, the DCS Specialist will determine whether any child in the home where the abuse or neglect was alleged to occur is in present danger. A child is in present danger when there is an immediate, significant, and clearly observable family condition, child condition, or individual behavior that obviously endangers a child right now or threatens to endanger a child at any moment, and requires immediate action to protect the child before the comprehensive FFA can be completed.

The DCS Specialist must obtain emergency medical treatment for a child when necessary, as soon as possible. Situations that may require emergency medical treatment include, but are not limited to:

• head injuries or loss of consciousness;
• abdominal injuries;
• severe malnourishment or dehydration;
• open wounds or burns; and
• injury to the genitals.

Immediate, significant, and clearly observable are defined as follows:

1. Immediate for present danger means that the dangerous family condition, child condition, or individual behavior is active and operating. What might result from the danger for a child could be happening or occur at any moment. What is endangering the child is happening in the present, it is actively in the process of placing a child in peril. Serious harm will result without prompt investigation and/or DCS Specialist action.
2. Significant for present danger means that the family condition, child condition, or individual behavior is exaggerated, out of control, and/or extreme. The danger is recognizable because what is happening is vivid, impressive, and notable. What is happening exists as a matter that must be addressed immediately. Significant is anticipated harm that can result in pain, serious injury, disablement, grave or debilitating physical health conditions, acute or grievous suffering, impairment, or death.
3. Present danger is clearly observable because there are actions, behaviors, emotions, or out-of-control conditions in the home that can be specifically and explicitly described, and which directly harm the child or are highly likely to result in immediate harm to the child.

In present danger, the dangerous situation:

• is in the process of occurring (for example, a young child is alone on a busy street);
• just happened (for example, a child presents at an emergency room with a serious unexplained injury);
• happens all the time (for example, young children were left alone last night and are likely to be left home alone again tonight or the child will be accessible to a perpetrator upon release from school); or
• requires an immediate protective action because the alleged abuse or neglect cannot be immediately ruled out and if the allegation is true, the child is in present danger (for example, a child has serious unexplained injuries or there are current allegations of sexual abuse).

Present Danger Conditions

The following conditions describe present danger when they are immediate (endangering a child right now), significant, and clearly observable:

• child is unsupervised or alone now or on a daily basis, or has been left with a person who is unwilling or unable to provide adequate care, and the child is not capable of caring for himself/herself;
• caregiver is unable to perform essential parental responsibilities right now or all of the time due to alcohol/substance use, mental health conditions, physical impairment, and/or cognitive limitations;
• caregiver is unable or unwilling to perform essential parental responsibilities and there is no other appropriate caretaker immediately available;
• caregiver is out of control and cannot focus or manage his/her behavior in ways to properly perform parental responsibilities;
• caregiver’s behavior is currently violent, bizarre, erratic, unpredictable, incoherent, or totally inappropriate;
• caregiver is brandishing weapons, known to be dangerous and aggressive, or is currently behaving in attacking or aggressive ways;
• dynamics in the household include an individual establishing power, control, or coercion over a caregiver in a way that impairs necessary supervision or care of the child and has caused, or will likely cause, serious harm to the child’s physical, mental or emotional health;
• caregiver has an extremely negative perception of the child, such as seeing the child as demon possessed; and/or has extremely unrealistic expectations for the child’s behavior;
• physical conditions in the home are hazardous and immediately threaten a child’s safety, such as exposed live wiring, building capable of falling in, manufacturing of drugs (i.e. drug lab), or exposure to extreme weather;
• caregiver is subjecting the child to brutal or bizarre punishment such as confined to a cage, tied to an object, locked in a closet, forced feeding, scalding with hot water, burning with cigarettes, etc.;
• child requires immediate medical attention, and the absence of medical treatment could seriously affect the child’s health and well-being; such as a child who is severely malnourished, dehydrated or failure to thrive (the absence of routine medical care is not a present danger situation);
• child’s behavior is actively endangering self or others and caregiver cannot or will not control the child’s behavior or arrange or provide necessary care;
• evidence of recent sexual abuse, the perpetrator currently has access to identified victim, and no protective action is being taken by a non-offending caregiver;
• injuries such as facial bruises, injuries to the head, or multiple plane injuries; different types of injuries on the child, such as a serious burn and bruising; bruising or injuries to a non-ambulatory child, or immersion burns;
• severe to extreme maltreatment that is alleged to be occurring in the present (i.e., child has soft tissue injuries which pose a threat to vital organs; broken bones, burns, cuts, and lacerations; vicious beatings; biting; injuries to genitals; constantly being hit; physical torture; oral sex, anal sex, or intercourse; sexual abuse accompanied with physical abuse; bizarre sexual practices; pornography/sexual exploitation; constantly berating, double binding, verbal assault/intimidation; psychological torture such as constant scapegoating, indifference, condemnation, and/or rejections);
• serious injuries that the caregivers and others cannot or will not explain, or the explanation is inconsistent with the observed or diagnosed injuries or condition;
• child’s condition is the result of deliberate, preconceived planning or thinking that the caregiver is responsible for and that preceded the child’s serious injuries or condition;
• child is profoundly fearful of their present home situation, or a particular person living in or having access to the home because of a specific concern of personal threat (this does not include generalized fear or anxiety);
• there is evidence of abuse or neglect and the caregiver cannot or will not produce the child, refuses access to the child, is likely to flee with the child, or is actively avoiding DCS (such as not allowing others to have contact with the child or moving a child around among relatives, adults or different homes).

Present Danger Planning

If any child in the home is in present danger, the DCS Specialist must implement a Present Danger Plan that controls the present danger prior to leaving the child or family. A Present Danger Plan provides the child(ren) with responsible adult supervision and care so that the child will be safe while the DCS Specialist completes the FFA, which assesses impending danger and protective capacity. A Present Danger Plan is immediate, short term, and sufficient to control the present danger. These criteria are defined as follows:

• Immediate means that the plan is capable of controlling the present danger the same day it is created. Before the DCS Specialist leaves the child or family, the Present Danger Plan must be in motion and confirmed.
• Short term means that the plan only needs to control the particular present danger situations until sufficient information can be gathered and analyzed to determine the need for a longer term Safety Plan. Present Danger Plans should be sufficient to control the present danger until the FFA is complete (including an analysis of impending danger).
• Sufficient means that the adults who will provide care and supervision to the child(ren) are responsible, available, trustworthy, and capable of fulfilling their responsibilities within the Present Danger Plan. It must be confirmed that the responsible adults are willing to cooperate and emotionally and physically capable of carrying out the protective actions needed to keep the child safe.

The DCS Specialist works with the family to determine what protective action is necessary to control the immediate present danger condition and who, if needed, will serve as the responsible adults to protect the child when the danger threats are present or likely to be present.

If a Present Danger Plan is implemented, the DCS Specialist must inform the parents that they have the right to an attorney and a hearing before a juvenile court judge if they do not agree to a voluntary Present Danger Plan that is sufficient to control the danger, and the Department chooses to remove the child(ren) from the home and file a dependency petition.

Identifying Responsible Adult(s) to Implement Protective Actions

In order to implement a Present Danger Plan, a responsible adult must be identified who is able to carry out the protective actions. The responsible adult may be a parent, guardian, and/or custodian in another household, a family member, or another adult who meets the criteria listed below. The responsible adult(s) must be present and immediately able to take action at any time a threat of danger is present. The DCS Specialist may not be assigned as a “responsible adult.”

Engage the family and ask for their assistance in identifying appropriate responsible adults who can assist in ensuring the child’s safety. Obtain information to determine if the prospective responsible adult(s) and members of his/her household (if applicable) are appropriate for this role. Meet in-person with any identified prospective responsible adult to assess the ability to be responsible for protective actions. Areas to consider include whether the adult:

• has demonstrated the ability to protect the child in the past (with or without DCS involvement) while under similar circumstances and family conditions;
• believes the child’s report of maltreatment and is supportive of the child;
• is capable of understanding the specific threat to the child and the need to protect the child;
• displays concern for the child and the child’s experience and is intent on emotionally protecting the child;
• has a strong bond with the child and is clear the number one priority is safety and well-being of the child;
• is physically able to intervene and protect the child;
• does not have significant individual needs that might affect the safety of the child, such as severe depression, lack of impulse control, medical needs, etc.;
• is emotionally able to carry out a plan and/or to intervene to protect the child (not incapacitated by fear of maltreating person);
• has adequate knowledge and skill to fulfill caregiving responsibilities and tasks (this may involve considering the caregiver’s ability to meet any exceptional needs that the child might have);
• has asked, demands, and expects the maltreating adult to follow the conditions of the Present Danger Plan and can assure the plan is effectively carried out;
• consistently expresses belief that the maltreating person is in need of help and he/she supports the maltreating person getting help (this is the individual’s point of view without being prompted by DCS);
• while having difficulty believing the other person would maltreat the child, the individual describes the child as believable and trustworthy;
• has adequate resources necessary to meet the child’s basic needs;
• is cooperating with the DCS Specialist’s efforts to provide services and assess the specific needs of the family; and
• does not place responsibility on the child for the problems of the family.

If the responsible adult is a member of the family network or an informal support (is not a licensed out-of-home caregiver or a professional service provider), complete a search for prior AZ DCS involvement and a criminal records check with the Department of Public Safety (DPS). Submit a criminal history request to the DPS using the Justice Web Interface (JWI).

When a person does not have a social security number, the DPS criminal records check shall still be completed using information currently in Guardian. In this situation, additional searches are necessary, including a public records search or information available through local law enforcement.

If the results of the criminal records check are not immediately available, gather information from the prospective responsible adult regarding criminal history, complete a public records check, and contact local law enforcement to complete a records check. Within 24 hours, complete the criminal records check with DPS. If appropriate, request history from out of state child welfare systems (when the responsible adult has resided in another state).

If the Safety Plan includes the child residing in the home of a responsible adult for any period of time (including a parent, guardian, or custodian or a member of the family network), complete a preliminary kinship assessment, which includes:

• a search for prior AZ DCS involvement;
• a criminal records check with DPS for all adults residing in the home; and
• an inspection of the home to ensure there are no safety hazards, utilizing the Home Safety Checklist for Kinship Foster Caregiver Household, CSO-1014.

If the Present Danger Plan includes the child residing in the home of an unlicensed relative or non-relative follow the procedures in Kinship Care.

If the Present Danger Plan includes the child residing with a parent, guardian, or custodian who resides in a different household from the home of the alleged abuse or neglect, so that the household was not assessed within the FFA, consider the following:

• The experience the parent has with parenting this or other children.
• The parent has knowledge of parenting and child development.
• The parent has knowledge of and practices positive methods of discipline.
• The support the parent requires to provide for the child’s needs (medical, behavioral health, dental, special needs, transportation, communicating with professionals, etc.).
• The parent’s ability to provide sufficient and appropriate supervision for the child, including after-school or childcare if necessary. (If childcare will be paid for by DCS, include in the case plan.)
• The parent’s ability to assist the child in family time/visitation and other forms of communication with the other parent and siblings.
• The parent is willing and able to participate in meetings (TDMs, CFTs, IEPs, etc.).
• The parent’s awareness of DCS and service providers visiting the home to fulfill Safety Plan oversight and service provision responsibilities.
• Newly anticipated expenses if the child is placed in the home. The parent’s ability to provide sufficient care for the child without causing financial hardship for the family.
• The services or supports the parent may need to maintain the child safely in the home. (Include any needed services and supports in the case plan.)

The DCS Specialist maintains responsibility and accountability for the sufficiency and implementation of the Present Danger Plan, which includes oversight to ensure that all responsible parties are carrying out the actions and duties in the plan. The use of a responsible adult does not relieve the DCS Specialist of responsibility for oversight and administration of the Present Danger Plan or continued assessment of the child’s safety. The Present Danger Plan is intended to remain active until information is gathered to either eliminate the need for the Present Danger Plan or create a Safety Plan due to identified impending danger threats. For the duration of the Present Danger Plan, the DCS Specialist must continually review the adequacy of the protective action(s), and modify the plan when necessary. For effective oversight, the DCS Specialist must have an adequate understanding of the status of the present danger conditions(s) and the sufficiency, feasibility, and sustainability of the protective actions identified; and must anticipate potential crisis situations.

In investigations with no criminal conduct allegation, a Present Danger Plan may not be in place for more than 14 days. Within the 14 days, the FFA must be prioritized in order for the DCS Specialist to complete an analysis of impending danger and determine the need for a Safety Plan to replace the Present Danger Plan. For more information on Present Danger Planning in investigations with a criminal conduct allegation, see Investigations Involving Allegations of Criminal Conduct.

Present Danger Plan Options

In-home, combination, and out-of-home Present Danger Plan options are available. The DCS Specialist shall work with the family to identify the least intrusive plan that is sufficient to control the present danger condition(s). For the purposes of this section, “the home” refers to the location where the unsafe child is presently residing and where the danger threats need to be managed; for example, the child may be presently located in the family home, a hospital, a shelter, or other location.

The DCS Specialist works with the family to select one or more of the following Present Danger Plan options, which are listed in order from least to most intrusive:

• The threatening person leaves the home.
  • This option exists when the DCS Specialist is certain a responsible adult currently living in the home is adamant and committed to maintaining the absence of the threatening person, and the threatening person agrees to leave the home or is removed from the home by law enforcement.
  • The threatening person must remain out of the home throughout the time frame of the Present Danger Plan.
  • This is an in-home Present Danger Plan option.
• The protective parent and child leave the home and go to a safe environment.
  • This option exists when there is a protective parent who is willing to leave the home of the threatening person, and a safe temporary environment is available throughout the time frame of the Present Danger Plan (such as the home of a relative, or a domestic violence shelter).
  • In order to implement this type of plan, it must be determined that the protective parent will consistently act to keep the child safe.
  • This is an in-home Present Danger Plan option.
• A responsible adult is in the home at pre-determined specific times.
  • This option works when the safety threat happens at specific times and is predictable in frequency and nature. For example, when the safety threat involves inadequate feeding of a child with medical needs, a responsible and capable adult could come to the home at each meal time.
  • This option exists when a member of the family network, an informal support person, or a professional is available to be in the home periodically, as a responsible adult. This plan must include specificity in terms of when the adult will be in the home, how long the adult will be in the home, under what circumstances, and for what purpose.
  • This option only exists when the parent(s) agree to have the adult in their home at the times specified in the plan.
  • This is an in-home Present Danger Plan option.
• A responsible adult routinely monitors the home.
  • This option works when the threatening condition is not present at all times. For example, when the safety threat involves a parent who is occasionally incapacitated by depression and then unable to keep the home sufficiently clean, a responsible adult could monitor the mother’s mental health and the home’s condition by making a home visit every day.
  • This option exists when a member of the family network, an informal support person, or a professional is available to routinely monitor the home. “Routinely” must be defined in terms of frequency and circumstance. What is being monitored must be delineated.
  • This option only exits when the parent(s) agree to have the responsible adult monitor the home.
  • This is an in-home Present Danger Plan option.
• A responsible adult moves into the home seven days a week, 24 hours per day.
  • This option may be the least intrusive when the safety threat is happening at all times, or does not follow a predictable pattern.
  • This option exists when a responsible adult is available to move into the home throughout the time frame of the Present Danger Plan.
  • The option only exists when parent(s) agree to have the adult reside in the home seven days a week, 24 hours per day.
  • This is an in-home Present Danger Plan option.
• The child is cared for outside the home periodically.
  • This option works when the present danger happens at specific times and is predictable in frequency and nature.
  • This option exists when arrangements can be made so that the child is not at home when the present danger is known to occur. For instance, a father may be protective but cannot be home during the day, so child care is used to separate the child from the present danger posed by the mother’s behavior. Any resource that supports temporary separation is acceptable such as babysitting, recreation programs, staying with a relative or neighbor, and so forth.
  • This option only exits when the parent(s) agree to the arrangements in the plan.
  • This is a combination Present Danger Plan option.
• The child lives with someone in the family network part-time.
  • This option works when the present danger happens at specific times and is predictable in frequency and nature.
  • This option exists when there is a responsible adult with whom the child can live part-time. For instance, a child might live with grandparents on weekends while the FFA continues toward completion. This option could be used in combination with the child attending school and an after-school recreation program while living with the parents during the work week.
  • This option only exits when the parent(s) agree to the arrangements in the plan.
  • This is a combination Present Danger Plan option.
• The child lives with a responsible adult for seven days per week, 24 hours per day.
  • This option may be the least intrusive when the safety threat is happening at all times or does not follow a predictable pattern, and there is no responsible adult who is able and willing to move into the family home seven days per week, 24 hours per day.
  • This option only exists when the parent(s) are willing to voluntarily and temporarily relocate the child from the parents’ home to the home of a responsible adult in the family network, agreed upon by the parent(s) and the DCS Specialist. The parents must also be willing to cooperate to ensure that the child’s medical, educational, and behavioral health needs are met.
  • This option exists when there is a responsible adult in the family network with whom the child can live seven days per week, 24 hours per day, throughout the time frame of the Present Danger Plan.
  • In order to implement this type of plan, the adult must be approved by the DCS Specialist, and the Present Danger Plan must be overseen by the Department.
  • This is an out-of-home Present Danger Plan option.
• The child is placed in the temporary custody of DCS by a Voluntary Placement Agreement, CSO-1043.
  • This option may be the least intrusive when the safety threat is happening at all times, or does not follow a predictable pattern, and a Voluntary Placement Agreement is necessary because the parent agrees to have the child live temporarily outside of home and there is no responsible adult in the family network, so the child needs to reside with a foster parent.
  • In order to implement this type of plan with a non-licensed caregiver, it must be determined that the proposed adult is responsible, available, has no competing demands, and is trustworthy. See Voluntary Placement for more information.
  • If the child is subject to the Indian Child Welfare Act, see Voluntary Placement of an Indian Child for specific procedures.
  • The option only exists when the parent(s) agree to the Voluntary Placement Agreement.
  • This is an out-of-home Present Danger Plan option.
• The child is placed in the temporary custody of the Department.
  • This is the most intrusive Present Danger Plan and is only used when all other options are explored and not possible or sufficient to control the safety threats long enough to complete the FFA.
  • This option is necessary when there is present danger and the parents, guardians, or custodians cannot or will not cooperate or participate in a less intrusive Present Danger Plan that would be sufficient to control the safety threats.
  • If a child is taken into temporary custody, the DCS Specialist shall provide written notice, Temporary Custody Notice (TCN) within six hours to the parent or guardian of the child, unless:
    • The parent or guardian is present when the child is taken into custody, then written and verbal notice shall be provided immediately.
    • The residence of the parent or guardian is outside this state and notice cannot be provided within six hours, then written notice shall be provided within twenty-four hours.
    • The residence of the parent or guardian is not ascertainable, then reasonable efforts shall be made to locate and notify the parent or guardian of the child as soon as possible.
  • The TCN shall list the specific reasons as to why the child is being removed. The notice shall list the specific dangers that caused the determination that the child is unsafe.
  • The TCN shall list services that are available to the parent or guardian, including a statement of parental rights and information on how to contact the ombudsman-citizens aide’s office and an explanation of the services that office offers.
  • The DCS Specialist shall list the date and time of the taking of a child into custody on the TCN, as well as the name and telephone number of the assigned DCS Specialist and Program Supervisor.
  • A child who is taken into temporary custody must be returned to their parent(s) and/or guardian within 72 hours excluding Saturdays, Sundays, and holidays unless a dependency petition is filed.
  • If a child is taken into temporary custody for an examination, the child must be returned within 12 hours unless abuse or neglect is diagnosed. The DCS Specialist will notify the parent(s) and/or guardian if the child will not be returned within the 12 hour time frame.
  • This is an out-of-home Present Danger Plan option.

Implement the least intrusive Present Danger Plan, given the unique circumstances of the family, including the family’s capacity to ensure child safety.

When a Present Danger Plan is implemented, the DCS Specialist will make concerted efforts to complete the FFA as quickly as possible and within no more than 14 days of implementing the Present Danger Plan. Complete a written Present Danger Plan, CSO-1034A form with the family, identified responsible adults, and/or safety service providers. The plan will describe the specific action(s) that each adult is responsible for to sufficiently control the danger threat(s), when the action(s) are needed, the end date of the Present Danger Plan, the level of contact allowed between the child and each parent/caregiver, and how the DCS Specialist will oversee that the plan is followed and sufficient.

Following the assessment of any child as unsafe due to present danger, the DCS Specialist will request a Safety TDM meeting to occur by the end of the next business day. See Team Decision Making and TDM Protocol.

Supervisor Consultation

A DCS Program Supervisor must be involved in developing the Present Danger Plan and must approve any Present Danger Plan the DCS Specialist initiates with the family. The DCS Specialist and Program Supervisor ensure the protective actions in the Present Danger Plan are the least intrusive actions that are sufficient to control the present danger condition(s) until the FFA is complete and it is determined the child is safe or a Safety Plan is created.

When present danger is identified by the DCS Specialist, a supervisor consultation to review the DCS Specialist’s assessment of present danger is required prior to the DCS Specialist leaving the child/family. During the consultation, the DCS Program Supervisor should evaluate whether the danger is immediate, significant, and clearly observable.:

• The DCS Specialist can clearly and specifically describe the dangerous family condition, child condition, or individual behavior that is active and currently endangers the child. Include the observable ways the danger is actively in the process of placing a child in peril.
• The DCS Specialist clearly and specifically describe how the dangerous condition or behavior is exaggerated, out of control, and/or extreme. The DCS Specialist can specifically describe how the anticipated harm is significant (could result in pain, serious injury, disablement, grave or debilitating physical health condition, acute or grievous suffering, impairment, or death).
• The DCS Specialist feels compelled to take action immediately to ensure the protection of the child. Document the Present Danger Plan options that have been considered with the family.

When present danger is identified by the DCS Specialist during a subsequent visit to the home or at any point in the life of the case, a follow up supervisor consultation should be conducted to review the considerations above.

If the Present Danger Plan includes the child living with someone in the family network for seven days per week, 24 hours per day, a service authorization must be completed in Guardian.

Documentation

Print the results of the DPS check and place in the hard copy record in a sealed envelope marked “Confidential”.

For field investigations document the contacts, interviews, and observations within the Assessment Details in Guardian.

The assessment and identification of present danger shall be documented within no more than two work days of initial contact with any child in the home where abuse or neglect was alleged to occur as follows:

• Narrative documentation shall include the child’s name; the contact’s date, time, and location; and a description of each child’s environment and condition at the time of the initial contact.
• If present danger is assessed as occurring at the time of initial contact, document the specific family condition, child condition, or individual behavior and how it meets the criteria of immediate, significant, and clearly observable.
• Include documentation of the Present Danger Plan developed with the family. Note the date on which the parent/caregiver and, if applicable, the responsible adults were provided with a copy of the Present Danger Plan.
• The name of the DCS Program Supervisor who was consulted during the assessment of present danger and provided approval of the development of a Present Danger Plan (if applicable).

For voluntary or court-involved cases document:

• the specific family condition, child condition, or individual behavior as observed by the DCS Specialist as soon as possible and within no more than two work days of interviewing or observing a child in present danger;
• how it meets the criteria of immediate, significant, and clearly observable;
• the name of the DCS Program Supervisor who was consulted during the assessment of present danger and provided approval of the development of a Present Danger Plan; and
• the Present Danger Plan developed with the family, including the date on which the parent/caregiver and, if applicable, the responsible adults were provided with a copy of the Present Danger Plan.

Upload a scanned copy of the Present Danger Plan as an Artifact in Guardian and file in the case record.

When a child is taken into temporary custody, complete the Legal Action and following Removal Details in Guardian:

• Removal Reasons;
• Deprivation Factors;
• Household of Removal; and
• Legal Status.

When a child is removed during an assessment, the DCS Program Specialist or DCS Supervisor shall associate the legal action to the assessment record.

Supervisor Documentation

For assessments, DCS Program Supervisors will document the Supervisory Consultation, Clinical Supervision Decision, and approval of the Clinical Supervision Decision in Guardian.

Effective Date: March 6, 2024

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S05%20FFA%20Investigations.htm

Chapter 2 : Section 5

Family Functioning Assessment – Investigation

Procedures

Family Functioning Assessment – Investigation (FFA – Investigation)

The assessment and management of child safety is initiated during the initial contact with the family and is continued throughout the investigation. The purpose of the Family Functioning Assessment is to gather sufficient and relevant information to make an informed decision about whether the child is safe or unsafe. The Family Functioning Assessment and analysis of information guides the DCS Specialist’s decisions about the child’s safety and what, if any, actions should be taken to protect the child.

Information about family functioning is gathered through interviews, observations, and the review of documents (medical, police, school, behavioral health, etc.). The DCS Specialist completes the Family Functioning Assessment by:

• gathering information on the six domains of family functioning: extent of the maltreatment, circumstances surrounding the maltreatment, child functioning on a daily basis, adult functioning on a daily basis, general parenting practices, and discipline and behavior management;
• identifying whether there is a threat of danger to any child in the home of the alleged abuse or neglect;
• assessing each adult household members’ protective capacity to control any threats of danger to the child(ren);
• applying the five safety threshold criteria to any identified threat of danger; and
• determining whether each child in the home is safe or unsafe due to impending danger.

A child is unsafe when there is a threat of danger to the child, the child is vulnerable to the threat of danger, and there is not sufficient parent/caretaker protective capacity to manage the danger.

If there is indication a child is unsafe, consult with a DCS Supervisor and use the Family Functioning Assessment – Field Guide to assist in determining if the child is safe or unsafe.

Gathering Information on the Six Domains of Family Functioning

Once an assessment of present danger is complete, the DCS Specialist shall proceed with the Family Functioning Assessment to determine whether any child is unsafe due to impending danger.

The functioning of the following individuals must be assessed during the Family Functioning Assessment and documented in Guardian:

• the identified child victim(s);
• any other child(ren) living in the home of the alleged abuse or neglect;
• the alleged perpetrator(s);
• the parent(s), guardian(s), and custodian(s) of the child victim(s) living in the home of the alleged abuse or neglect;
• parent(s), guardian(s), and custodian(s) of the alleged child victim(s) living in a different household, if the whereabouts can be reasonably determined; and
• other adults living in the home of the alleged abuse or neglect (including the spouse, boyfriend, girlfriend, significant other, etc.) who have caregiving responsibilities.

The DCS Specialist will conduct interviews, in-person observations, and document reviews to gather the following information to assess family functioning, threats of danger, and parent/caregiver protective capacities.

Extent of child maltreatment

This domain explores whether maltreatment occurred, the maltreating behavior, and immediate effects on a child. The information gathered also results in a finding of abuse or neglect (proposed substantiated, unsubstantiated, etc.).

Gather information to learn about:

• type of maltreatment (assess for all types);
• severity of maltreatment;
• duration, pattern, progression of the maltreatment;
• description of specific events, injuries, and circumstances;
• description of emotional and physical symptoms;
• identification of the child victim and alleged perpetrator; and
• condition of the child victim.

Circumstances surrounding the maltreatment

This domain explores the nature of what accompanies or surrounds the maltreatment, and situations that precede or lead up to the maltreatment.

Gather information to learn about:

• history of maltreatment;
• influences leading to or explaining the maltreatment;
• parent/ caregiver intent concerning the maltreatment;
• parent/ caregiver explanation for the maltreatment and family conditions;
• child victim’s explanation of maltreatment or events/circumstances;
• unique aspects of the maltreatment, such as whether weapons were involved; and
• parent/caregiver acknowledgment and attitude about the maltreatment.

Child functioning on a daily basis

This domain explores the child’s general behavior, emotions, temperament and physical capabilities. Information gathered helps to understand how the child functions on a day-to-day basis and the needs of the child.

Gather information to learn about:

• developmental and cognitive functioning, and whether these are normal in relation to the child’s age (for example, motor skills in a young child, and school performance for a school age child, ability to communicate);
• physical health and health care needs;
• independence and physical capabilities, including vulnerability (for example, ability to make needs known, meet own needs, and act self-protectively);
• behavior (for example, presence or absence of risk-taking behavior, substance use, sexualized behavior, aggression, defiance, sociability, self-control, etc.);
• emotional expression and regulation (for example, mood, suicidal thoughts, self-acceptance, expression of trust and quality of peer and family relationships, etc.);
• for infants, safe sleep environment and patterns of eating and sleeping; and
• impairments, conditions, history of trauma, or needs that require exceptional tolerance or special care by their caregivers.

Adult functioning on a daily basis

This domain explores how the adults (parents/legal guardians or caregivers) function on a day-to-day basis, including how they typically feel, think and act.

Gather information to learn about:

• cognitive ability/ intellectual functioning;
• physical health and health care needs;
• mental and emotional health (including coping and stress management);
• history of, and current, substance use;
• stability and reliability (such as employment history, home and financial management, predictable daily routine, etc.);
• judgment and ability to solve problems;
• history of, and current, family/domestic violence;
• history of, and current, criminal behavior;
• cognitive, emotional, and physical capacities to meet the needs of each child in the household; and
• emotional expression and regulation (for example, mood, suicidal thoughts, self-acceptance, expression of trust and quality of family relationships, etc.).

General parenting practices

This domain explores the general nature and approach to parenting (aside for the alleged maltreatment incident).

Gather information to learn about:

• the adult’s history of meeting the child’s basic care needs on a daily basis;
• the adult’s satisfaction in being a caregiver, and affection toward the child;
• the adult’s expectations, tolerance, and empathy for the individual child;
• the adult’s accuracy of knowledge and skill in parenting and child development;
• relevant cultural practices; and
• the adult’s protectiveness of the individual child.

Discipline and behavior management

This domain explores patterns and norms of discipline and behavior management in the home.

Gather information to learn about:

• whether discipline is based on reasonable expectations of the child;
• disciplinary methods;
• purpose, reasons, and adult’s expectations for child’s response to discipline;
• context/environment in which discipline occur;
• self-awareness regarding the effectiveness of disciplinary approaches and parent/caregiver’s reaction(s) toward the child; and
• cultural practices.

If a joint investigation is being completed with law enforcement during a criminal conduct investigation; at times, law enforcement and/or the alleged maltreating caregiver’s attorney will consent to an interview if the maltreatment “incident” is not discussed. In those instances, the DCS Specialist should refrain from asking questions related to domains 1 and 2 listed above.

Gathering Information about Parents, Guardians, or Custodians who Reside in a Different Household

The DCS Specialist will gather information about the household of a parent, guardian, or custodian of an alleged child victim who does not reside in the home of the alleged abuse or neglect, if the person’s whereabouts can be reasonably determined, including information about:

• who resides in the parent’s, guardian’s, or custodian’s household;
• extent and nature of substance use in the home;
• nature of relationships between the parents and between adults in the home, including shared-parenting arrangements and any history of violence;
• mental health of the adults in the home;
• disciplinary practices in the home;
• general parenting practices in the home;
• supervision and child care arrangements; and
• whether the child identifies harm from, or fear of, a person in the home.

If the information gathered indicates that a situation or adult behavior in the household could pose a safety threat to a child, collect additional information to explore the area of concern. Make a Report to the Hotline and conduct a separate Family Functioning Assessment of this household if the information collected reveals new or previously unreported incidents of abuse or neglect, or possible safety threats in the household.

Identifying Threats of Danger to a Child

Impending danger refers to a child being in a continuous state of danger due to caregiver behaviors, attitudes, motives, emotions and/or situations posing a specific threat of severe harm to a child. Impending danger is often not immediately apparent and may not be active and threatening child safety upon initial contact with a family. Identifying impending danger requires thorough information collection regarding family and parent/caregiver functioning to sufficiently assess and understand how family conditions occur.

In order to determine if a child is in impending danger, the information gathered on the six domains of family functioning must be sufficient to indicate whether a safety threat exists and if so, how it meets all five safety threshold criteria. The safety threats are as follows:

• Parent, guardian, or custodian leaves child alone or fails to provide adequate supervision and child is not capable of caring for self, or leaves child with persons unwilling or unable to provide adequate care, and as a result, the child is likely to suffer serious or severe harm.
• Parent, guardian, or custodian deliberately harmed the child, has caused serious or severe harm to the child, or has made a threat to cause serious or severe harm to the child.
• Parent, guardian, or custodian’s explanation for the child’s injury or physical condition is inconsistent with the observed or diagnosed injury or condition.
• There is evidence of abuse or neglect and the parent, guardian, or custodian cannot produce the child, refuses access to the child, is likely to flee with the child, or is actively avoiding DCS.
• Child sexual abuse is suspected and perpetrator access places the child in immediate serious or severe harm.
• Physical conditions of the home are hazardous and may directly cause serious or severe harm to the child.
• Child is profoundly fearful of parent, guardian, or custodian, other family members or other people living in or having access to the home.
• The behavior of a child living in the home threatens serious or severe harm to him/herself or to others and the parent, guardian, or custodian cannot control the behavior or is unwilling or unable to arrange or provide necessary care.
• Parent, guardian, or custodian’s behavior is violent, bizarre, erratic, unpredictable, incoherent, or totally inappropriate and may cause serious or severe harm to the child.
• Dynamics in the household include an individual establishing power, control, or coercion over a caregiver in a way that impairs the necessary supervision or care of the child and has caused, or will likely cause, serious or severe harm to the child’s physical, mental, or emotional health.
• Parent, guardian or custodian is unable to perform essential parental responsibilities due to alcohol/substance use, mental health conditions, physical impairment, or cognitive limitations, and as a result, the child is likely to suffer serious or severe harm.
• The parent, guardian, or custodian’s involvement in criminal activity or the criminal activity of any other person living in or having access to the home may result in serious or severe harm to the child.
• Parent, guardian, or custodian has extremely negative perceptions of the child, and/or is hostile when talking to or about the child, and/or has extremely unrealistic expectations for the child’s behavior.
• Parent, guardian, or custodian has not, cannot, or will not protect a child from serious or severe harm, including harm from other persons living in or having access to the home.
• Parent, guardian, or custodian is unable or unwilling to perform essential parental responsibilities or to meet the child’s immediate needs for food, clothing, shelter, and/or medical or mental health care, which may result in serious or severe harm to the child.
• Parent, guardian, or custodian previously threatened the safety of a child and/or caused harm to a child and circumstances indicate the person could cause serious or severe harm to the child.

Assessing Parent/Caretaker Protective Capacities

Protective capacities are personal qualities or characteristics that contribute to vigilant child protection. They are personal and parenting characteristics that specifically and directly can be associated with being protective of one’s children. They are “strengths” that are explicitly associated with one’s ability to perform effectively as a parent in order to provide and ensure a consistently safe environment.

Assessment of a parent/caregiver’s capacity to protect a child begins with identifying and understanding how specific safety threats are occurring within the family system. At this point in the assessment process, the DCS Specialist determines whether each parent/caregiver has demonstrated the specific protective capacities associated with the identified threats of danger to a child.

Consider the following behavioral, cognitive, and emotional parental/caregiver protective capacities when gathering information for the Family Functioning Assessment:

• Behavioral Protective Capacity – Specific action, activity, performance that is consistent with and results in protective vigilance.
• Cognitive Protective Capacity – Specific intellect, knowledge, understanding, and perception that results in protective vigilance.
• Emotional Protective Capacity – Specific feelings, attitudes, identification with a child and motivation that results in protective vigilance.

The DCS Specialist’s assessment of protective capacity pertains to the parent/caregiver’s overall functioning, and is not based solely on an isolated incident or singular event. The DCS Specialist will assess all of the following 19 protective capacities in relation to the adult’s overall functioning and general parenting practices.

In the Assessment FFA, indicate whether or not the parent/caregiver(s) have demonstrated protective capacities in each of the following areas:

Behavioral Protective Capacities Cognitive Protective Capacities Emotional Protective Capacities

Behavioral Protective Capacities	Cognitive Protective Capacities	Emotional Protective Capacities
Has a history of protecting Takes action Demonstrates impulse control Sets aside her/his needs in favor of a child Has and demonstrates adequate skill to fulfill caregiving responsibilities. Is adaptive and assertive as a parent/caregiver	Plans and articulates a plan to protect the child Is self-aware as a parent/caregiver Is intellectually able to fulfill caregiving responsibilities and tasks Is able to accurately identify threats to child safety or recognize danger Has an accurate perception of the child’s needs Understands his/her protective role	Meets own emotional needs Is resilient as a parent/caregiver. Is tolerant as a parent/caregiver. Is emotionally stable Expresses love, empathy and sensitivity toward the child; experiences specific empathy with the child’s perspective and feelings Is positively attached with the child and is clear that the number one priority is the well- being of the child. Is aligned with and supports the child

If the DCS Specialist is unable to assess the parent/caretaker protective capacities due to an inability to locate or a parent’s refusal to participate in the assessment after attempting to engage them, indicate unknown for each protective capacity.

Applying the Five Safety Threshold Criteria

Following the identification of a threat of danger to a child, the DCS Specialist shall determine whether the child is in impending danger by applying the following five safety threshold criteria. All five criteria must be met for at least one identified safety threat in order to determine a child is in impending danger.

• Observable Family Condition: A family condition that endangers a child and is real, can be described and reported, and is evidenced in explicit and unambiguous ways. This does not include suspicion or gut feelings.
• Vulnerable child: A vulnerable child is dependent on others for sustenance and protection, and/or is exposed to circumstances that she or he is powerless to manage. Vulnerability is judged according to age, physical and emotional development, and ability to communicate needs and seek protection.
• Unmanaged: The family conditions pose a danger to the child and are unmanaged, without limits or monitoring, and not subject to influence, manipulation or internal power within the family’s control (that is, no one in the family can control the situation). There are insufficient caregiver protective capacities to manage the danger threat.
• Severity: Severity is the harshness of the effects of maltreatment that would include harm that has just occurred, is occurring now, or could potentially occur in the near future. Severe harm is something that results in serious pain, serious injury, suffering, terror, extreme fear, impairment or death.
• Imminent: A belief that threats to child safety are likely to become active without delay; a certainty about occurrence within the immediate to near future. This is consistent with a degree of certainty or inevitability that danger and severe harm are possible, even likely outcomes, without intervention.

Note: If a child is a registered member or an eligible member of a Native American Tribe, please refer to Indian Child Welfare for more information as to specific laws pertaining to the assessment, removal, and placement of an Indian child.

At the conclusion of the Family Functioning Assessment, determine the safety threats that are present and explain how each threat meets all five safety threshold criteria. For each safety threat identified, specify the child(ren), adults, and household to which it applies.

Making the Safety Determination – Safe or Unsafe

For each alleged child victim, the DCS Specialist, in consultation with a DCS Program Supervisor, must make a determination as to whether the child is safe or unsafe.

• A child is safe if there is no threat of danger to the child.
• A child is safe if an existing threat of danger to the child does not meet one or more of the five safety threshold criteria.
• A child is unsafe when there is a threat of danger to a child that meets all five safety threshold criteria.

Safe

If all of the children subject to the investigation are determined to be safe, the DCS Specialist, in consultation with a DCS Program Supervisor, will identify the appropriate level of services to be provided or recommend to the family. If a case will not be opened for services with the Department, conduct aftercare planning with the family. Refer to Aftercare Planning for more information.

Unsafe

When a child is determined to be unsafe, the DCS Specialist must identify the least intrusive Safety Plan sufficient to manage the impending danger. See Safety Planning

Assessment of a Child in the Hospital, Incarcerated/Detained, or in Out-of-Home Care

While a child victim is hospitalized, incarcerated, in detention, or in out-of-home care, the Family Functioning Assessment is conducted based on the child’s return home environment.

Exceptions to the Requirement to Complete the FFA – Investigation

An impending danger decision and FFA is not completed for Adoption and ICPC case types.

An impending danger decision and FFA is not completed under the following circumstances:

• Out-of-Home Caregiver Investigations – Including investigations of groups homes, foster homes, kinship homes, and pre-adoptive homes, unless the caregiver’s biological or adoptive child is an alleged victim in the Report. See Investigations of Out-of-Home Caregivers.
• Action Requests – Intakes that may require an action by DCS, but do not require an investigation unless the action request is changed to a Report. For more information, see Hotline Receipt of Information.
• Border Cases – An assessment involving a child whose family does not reside within the United States and the Department’s involvement is limited to returning the child to their family in coordination with U.S. Border Patrol, Desarollo Integral para las Familias (DIF), and/or Immigration and Customs Enforcement (ICE) and the assessment is being closed.
• Parents’ Rights Terminated – Both parents are deceased or have had their parental rights terminated, and there is no guardian.
• The child victim is deceased and the Department has confirmed that there are no surviving siblings to the child victim.

In Reports with a criminal conduct allegation, additional investigative action and information collection to make an impending danger decision and complete an FFA are not required if all of the following are true, and an exception is approved by the Program Administrator or OCWI Deputy Chief:

• The OCWI Investigator or DCS Specialist has:
  • contacted the reporting source;
  • reviewed prior DCS reports and court orders limiting or restricting contact concerning the alleged child victim(s), parents, alleged perpetrator(s), and others adults living in the home;
  • interviewed or personally observed the alleged child victim(s);
  • interviewed or personally observed all other children residing in the home of the alleged maltreatment;
  • interviewed the alleged perpetrator(s);
  • completed an observation of the conditions of the home of the alleged maltreatment;
  • conducted a present danger assessment of the child victim(s) and all other children residing in the home of the alleged maltreatment.
• Evidence is obtained at initial contact with the source and/or family that directly refutes the specific allegation that the child has an injury, condition, or circumstance that was the result of abuse or neglect and if this evidence had been available and provided at the time of the Hotline Communication, the Communication would not have met the criteria to be a Hotline Report for investigation by the Department (for example, a new medical test directly refutes the previous medical test that caused the source to make the Report, alleged bruises are determined to be Mongolian spots, an alleged black eye is determined to be dirt or makeup).
• The evidence that directly refutes the alleged abuse or neglect is observable, and is corroborated or consistent with all other information gathered during the required interviews and document reviews.
• Upon contact with the child and family, the OCWI Investigator or DCS Specialist has determined that the alleged child victim and all other children in the home where the abuse or neglect was alleged to occur are not in present danger.
• No other allegations of abuse or neglect were disclosed by any person, and no indications of abuse, neglect, or dangers to a child were observed during contacts with the child and family.

Documentation

Document interviews with all persons in Notes.

Using the Assessment FFA in Guardian, document:

• Information gathered in relation to each of the six domains of family functioning.
• Conclusions about the protective capacities of each parent/caregiver by indicating yes, no, or unknown for each of the 19 protective capacities.
• The determination of whether each child in the home of the alleged abuse or neglect occurred is safe or unsafe due to impending danger.
• All safety threats that exist and how each of the threats meets all five safety threshold criteria if it is determined that a child is unsafe.

Document the in-home, combination, or out-of-home Safety Plan if it is determined that a child is unsafe in Guardian.

If the child is removed, complete the Legal Action and Removal Details in Guardian. See Emergency Removal for procedure.

Document information gathered about parents, guardians or custodians who reside in a different household, in Notes.

Documentation in the FFA should be complete within 45 days of investigation assignment.

Utilize the Family Functioning Assessment – Documentation Guide (DCS-3833), for further documentation instructions.

Supervisors

Through a case file review and/or consultation, the DCS Program Supervisor ensures the DCS Specialist has gathered sufficient information to assess:

• • The six domains of family functioning;
• • Identify threats of danger to any child in the home; and
• • Determine parent/caregiver protective capacities.

Through a case file review and/or consultation, the DCS Program Supervisor ensures that the information gathered and documented supports the DCS Specialist’s determination of whether each child is safe or unsafe, including that any identified impending danger safety threats meet all five of the safety threshold criteria.

Supervisors shall document the Clinical Supervision Discussion and approval of the Clinical Supervision Decision in Guardian within five days of investigation completion or opening the case for ongoing services.

Exceptions to the Requirement to Complete the FFA – Investigation

In Guardian, document:

• The information collected through interviews, observations, and document review; and
• The evidence obtained at the initial contact with the source and/or family that directly refutes the specific allegation that the child has an injury, condition, or circumstance that was the result of abuse or neglect, if applicable.

Supervisor Documentation

Document the clinical supervision discussion. Include justification supporting an exception to the requirement to complete the FFA-Investigation, if applicable.

Program Administrator or OCWI Deputy Chief Documentation

Document the approval of the exception to the requirement to complete the FFA – Investigation.

Add the Tracking Characteristic Family Functioning Assessment Investigative Exception if:

• The exception is approved because evidence is obtained at initial contact with the source and/or family that directly refutes the specific allegation that the child has an injury, condition, or circumstance that was the result of abuse or neglect; and
• This evidence had been available and provided at the time of the Hotline Communication the Communication would not have met the criteria to be a Hotline Report for investigation by the Department.

Enter a finding of Unsubstantiated in the Investigation Allegation Findings. See Substantiating Maltreatment.

Effective Date: November 23, 2022

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S06%20Substantiating%20Maltreatmen.htm

Chapter 2 : Section 6

Investigation Allegation Findings

Procedures

Making an Investigation Finding

Enter an investigation allegation finding and the reason in the case record within 45 days of the date that the Department received the Report.

Unable to Locate

Enter a finding of Unable to Locate if the investigation cannot be completed because:

• despite reasonable efforts, the child victim cannot be located; and
• there is insufficient evidence to conclude that the child was abused or neglected without interviewing or observing the child.

If the Department receives a subsequent Report in which the child victim is able to be located, the allegations subject to the Unable to Locate finding shall be concurrently investigated. The Unable to Locate finding should only remain until the investigation has been completed and an appropriate finding is entered. See Investigating Previous Unable to Locate Findings in Disposition of Reports and Initial Response.

Unable to Locate is not subject to the appeals process. Refer to Locating the Child Victim and Family for Investigation procedures in Disposition of Reports and Initial Response.

When the identity of either a parent or child is known, cases with an Unable to Locate finding cannot be closed without prior approval from the Program Manager.

For reports containing criminal conduct allegations, a finding of Unable to Locate cannot be entered without prior approval from the OCWI Chief or Program Administrator. See Disposition of Reports and Initial Response.

Preponderance of the Evidence

Preponderance of the Evidence means the information gathered during the investigation supports that it is more probable than not that:

• an incident of abuse or neglect occurred and was caused by the acts or omissions of an individual who has the care, custody and control of a child, including an employee of a child welfare agency where a child is placed that is licensed and contracted with DCS; or
• an incident of neglect occurred and was committed by the parent, guardian or custodian.

Unsubstantiated

Impending danger threats may still be present in the family when there is a lack of evidence to substantiate the allegation.

Enter a finding of unsubstantiated when the information gathered during the investigation does not support that an incident of abuse or neglect occurred based upon a preponderance of the evidence standard. See Family Functioning Assessment at Investigation for procedures on impending danger determinations.

The unsubstantiated statement may include the following:

• Police Involvement
  • Briefly describe police involvement and their conclusion to the case, (i.e., declined to respond, decision to take a report, detectives involved).
  • Describe the outcome of the case, any arrests made, and if so, for what offense.
• Medical Opinions
  • doctor’s name and office/hospital; and
  • doctor’s written opinion regarding the injuries or non-injuries.
• Forensic Medical Review
  • date and time of review;
  • doctor’s name; and
  • doctor’s written opinion regarding the injuries or non-injuries.
• Forensic Interviews
  • name of child interviewed;
  • date and time of interview;
  • a brief synopsis of non-disclosure, i.e., child did not disclose ever being sexually touched in anyway by the perpetrator, child denied being physically abused and/or child refused to talk.
• Interviews of those pertinent to the case
  • Parents, guardians or custodians, witness statements regarding the allegations, i.e., denied causing injury, was unaware of any injury.
• Drug Testing
  • results of toxicology on all those tested; and
  • any refusals to submit to any drug test.

An allegation of child fatality cannot be unsubstantiated until the autopsy report from the medical examiner is received and the information indicates a finding of Unsubstantiated is appropriate.

Propose Substantiate

Enter a finding of Propose Substantiate if the information gathered during the investigation supports that an incident of abuse or neglect occurred based upon a preponderance of the evidence standard. Consult with and obtain the approval of the DCS Program Supervisor to determine the investigation finding. Consult with the Protective Services Review Team (PSRT) Specialist when there are questions regarding whether the evidence supports the finding. For additional assistance with substantiation, see PSRT Investigation Allegation Guidelines.

The proposed finding is subject to an appeals process completed by PSRT, which may involve a hearing at the Office of Administrative Hearings. The alleged perpetrator may exercise the right to an appeal. PSRT will notify the alleged perpetrator of due process rights by sending an Initial Notification Letter with the proposed finding.

Proposing Substantiated Pending Dependency Adjudication

Enter a finding of Proposed Substantiated Pending Dependency Adjudication when DCS or a private party files a dependency petition alleging abuse or neglect. Findings must be entered for each individual and allegation listed in the dependency petition.

Notify PSRT when DCS files a dependency petition alleging abuse or neglect, and all parties agree that it is a child’s best interest to establish Permanent Guardianship without a dependency adjudication pursuant to A.R.S. § 8-871. Provide PSRT with the dependency petition, order granting permanent guardianship, and the DCS report number.

Proposing Substantiation on a Child Fatality

Enter a finding of Propose Substantiate of a child fatality allegation, including pending dependency adjudication, under any one of the following circumstances:

• the medical professional or medical documentation confirms the following:
  • the child’s injury or condition is most consistent with a non-accidental injury or due to parent, guardian or custodian neglect, and
  • based on the information provided at the time, it is the physician’s opinion that the child likely died as a result of this injury or condition;
• the results of the autopsy concluded that the child fatality was the result of abuse or neglect;
• the parent, guardian or custodian admits to causing the child fatality;
• the parent, guardian or custodian has been arrested, indicted, charged or convicted for causing the child fatality; or
• the child’s surviving siblings are Adjudicated Dependent based on the child fatality.

The finding statement must establish a causal connection between the fatality and the alleged perpetrator’s actions causing the abuse or neglect. If there is no causal connection, consider if a different category of substantiation is appropriate.

When completing fatality investigations, the autopsy report must be obtained prior to entering the finding(s) on the DEATH CHILD ABUSE or DEATH CHILD NEGLECT allegation(s), unless investigative information establishes a preponderance of the evidence standard to propose substantiation, absent the report from the Office of the Medical Examiner. When entering a finding absent the report from the Office of the Medical Examiner, the case shall be staffed with a Program Administrator or OCWI Chief prior to the entering of findings.

When a child passes away during an investigation, the DCS Specialist or OCWI Investigator will immediately provide the information to the Hotline, if it has not been previously reported. Ensure a death finding has been added to the Assessment.

Proposing Substantiated Perpetrator Deceased

After an investigation, when the evidence supports that an incident of abuse or neglect occurred based upon a preponderance of the evidence standard, and the perpetrator dies before the entry of the finding, the DCS Specialist will select Propose to Substantiate Perpetrator Deceased.

Proposing Substantiated Perpetrator Unknown

Enter a finding of Propose to Substantiate Perpetrator Unknown after an investigation when the information gathered during the investigation supports that an incident of abuse or neglect occurred based upon a preponderance of the evidence standard and the alleged perpetrator’s identity cannot be confirmed.

Determining if the reporting source knowingly made a false report

To determine if the reporting source may have knowingly made a false report, consider the following:

• there is a likelihood of financial gain or another benefit to the reporting source;
• the reporting source has admitted to making a false report;
• the reporting source has made a prior report where the evidence indicated the report to be false;
• there is a history of family disputes;
• there are custody issues being decided concurrently with the report;
• there is evidence that the report was made to harass, embarrass, intimidate or harm another; and
• there is evidence to indicate retaliation.

If there is a reasonable suspicion a reporting source made a false report, consult with the DCS Program Manager and Program Administrator to determine if law enforcement should be notified pursuant to A.R.S. § 13-2907.02.

Providing Written Notification

The DCS Specialist or OCWI Investigator will provide written notification at the conclusion of the investigation at the following times:

• When a Proposed Substantiated finding is made, notice shall be made to the parent, guardian or custodian who is the alleged perpetrator, using the Notice of Proposed Substantiation of Child Safety Report, CSO-1024A.
• When an Unsubstantiated finding is made, notify the parent, guardian or custodian who is the alleged perpetrator using the Notice of Unsubstantiated Child Safety Report, CSO-1023A.
• When a Proposed Substantiated Perpetrator Unknown finding is made, notify the parent, guardian or custodian who is the alleged perpetrator, using the Notice of Proposed Substantiation of Child Safety Report (Perpetrator Unknown), CSO-1025A.
• When a parent, guardian, or custodian is the source of the Report and is not the alleged perpetrator; written notification shall be provided by the DCS Specialist or OCWI Investigator using a Notice of Child Safety Investigation Conclusion or Findings, CSO-1022A, for the following investigation findings:
  • Unsubstantiated;
  • Proposed Substantiated Perpetrator Unknown; or
  • Unable to Locate.

When a parent, guardian or custodian is the source of the Report and is not the alleged perpetrator, notice will be provided by the Protective Services Review Team using the Notice of Child Safety Investigation Findings, CSO-1022B for Proposed Substantiated findings after the time to request a hearing has lapsed without the Department receiving a request for a hearing pursuant to A.R.S. 8-811, or after a final administrative decision had been made pursuant to A.R.S. 41-1092.08.

Documentation

Record all information obtained from persons interviewed and correspondence received in Notes or as an Artifact in Guardian. See Documenting Evidence to Support Proposed Substantiated Findings tool for guidance on how to fully document the investigation finding.

Document the finding statement in the Explanation box within the Allegation Record of the Assessment in Guardian. See Protective Services Review Team (PSRT) Finding Statement Templates and Protective Services Review Team (PSRT) Finding Statement Examples for guidance on how to document the investigation allegation finding.

Document all efforts to locate the child victim when entering a finding of Unable to Locate. All findings of Unable to Locate must have a case note entered by the appropriate approver documenting the approval.

File a copy of the notification letters in the case file and as an Artifact in Guardian.

Supervisors

Review the case record to ensure that the evidence supports the finding and that the finding statement is written in accordance with policy.

For Proposed Substantiated findings, supervisor approval is required. Review and approve or modify the proposed finding within five days of completion of the investigation, unless it is concerning an out-of-home care provider or child welfare agency. If it is concerning an out-of-home caregiver or child welfare agency, review and approve or modify the proposed finding within one day of completion of the investigation.

Document a false report by making the appropriate selection and providing an explanation on the Intake Disposition Screen.

Effective Date: September 14, 2024

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S07%20Safety%20Planning.htm

Chapter 2: Section 7

Safety Planning

Procedures

Safety Planning

When a child is assessed as unsafe, the DCS Specialist will develop and immediately implement a Safety Plan to control all identified impending danger safety threats.

A Safety Plan will not be implemented for children assessed as safe. Refer to Providing Services for Families with Children Assessed as Safe for information on assessment and service planning for families in which the children are determined to be safe.

A Safety Plan is a written arrangement between the parent, guardian, and/or custodian; the responsible adult(s) who will take action to control danger threats; and the Department. The Safety Plan establishes how impending danger threats to child safety will be controlled. The Safety Plan describes safety actions that must be taken in order to control anticipated danger and prevent harm to the child.

Safety Plans are not the same as case plans. Safety Plans describe actions to control danger threats and may describe supportive resources (such as child care or nurse home visiting services) to support those actions. Case plans describe services and supports to effect long-term behavioral change by enhancing parental protective capacities to eliminate the need for a Safety Plan.

Safety Plans must:

• be sufficient to control or manage impending danger threats;
• have an immediate effect;
• be immediately accessible, feasible, and available;
• contain safety actions to be taken by responsible adults
• when applicable, describe other people and resources that will support safety actions;
• be sustainable as long as the Safety Plan is expected to be needed; and
• not contain promissory commitments by a parent as a safety action (such as a parent promising not to use drugs/alcohol or agreeing to participate in a treatment service

Sufficient, feasible, and sustainable are defined as follows:

• Sufficient means the plan is a well thought-out approach that identifies the most suitable people that will take the necessary actions at the right times and frequency to control threats of danger to the child(ren) and/or substitute for diminished parent/caregiver protective capacities.
• Feasible means that the responsible adults and the Department are accessible and available to implement and oversee the plan immediately and without delay.
• Sustainable means that responsible adults will be accessible and available until the child is safe from impending danger and a Safety Plan is no longer needed; that there is willingness and cooperation on behalf of the parent(s), guardian(s), and/or custodian(s) to participate in change-related activities, including willingness to meet, discuss, and ultimately begin necessary change-related activities.

The written safety plan must:

• specify the impending danger safety threat(s);
• identify how each safety threat(s) will be controlled, including:
  • the responsible adult(s) who will implement each action;
  • the safety action(s) required to control threats of danger;
  • the circumstances under which the responsible adult(s) will perform the safety actions (e.g., location, who else will be there, etc.);
  • other people and resources that will support safety actions;
  • the timeframes for when the safety actions will occur (frequency, duration, and exact times and days);
• be based on an assessment of the suitability of the responsible adult(s) who will implement the safety actions, and include confirmation of their availability and accessibility at the times the threats are present and need to be controlled; and
• describe how the DCS Specialist will oversee that the Safety Plan is being followed and sufficient to maintain child safety, including a communication plan among participants.

A Safety Plan must be in place until the impending danger threat is no longer active or the parents have been able to enhance protective capacity in order to manage all impending danger threats, and the child has been assessed as safe.

In-home Safety Analysis

The determination that a child is unsafe does not always mean that the child must be removed from the home. In some cases, the danger can be sufficiently controlled, and the child can remain in the home, with help and support from family members, other responsible adults, and other people or resources that support safety actions.

Safety Plans can use in-home, out-of-home, or a combination of actions. For a Safety Plan to effectively use in-home actions, or a combination of in-home and out-of-home actions, the DCS Specialist must know how the impending danger occurs uniquely within the family, and what must be controlled. The DCS Specialist must know the following about each identified impending danger threat that occurs in the home:

• Duration: the length of time the condition has been concerning or problematic.
• Consistency: how often the negative condition is an active problem or affecting parent/caregiver performance.
• Pervasiveness: the extent or intensity of the problem, how consuming is it to caregiver and overall family functioning.
• Influence: what stimulates or causes the threat to child safety to become active.
• Effect: the effects the negative condition have specifically on the ability of a caregiver to provide for the care and protection of the children.
• Continuance: the likeliness the negative condition will continue or get worse without DCS intervention.

The DCS Specialist must complete an analysis of whether an in-home or a combination Safety Plan can be implemented by determining the answers to the following questions.

If all five criteria are present, an in-home Safety Plan option will be considered and typically can be used.

If any of the following criteria are not present, an out-of-home Safety Plan must be implemented, and the Department must take custody of the unsafe child either through a Voluntary Placement Agreement or filing a dependency petition and placing the child in out-of-home care. Follow policy and procedures outlined in Voluntary Placement and Out-of-home Dependency.

An in-home Safety Plan will be considered and is typically appropriate when all five of the following questions are answered yes (indicating the criteria is present):

Question #1: Is there a combination of safety actions and supportive resources capable of sufficiently controlling the identified danger threats, and are there sufficient resources within the family network or community to control the identified threats?

To answer this question yes, the DCS Specialist must know the duration, consistency, pervasiveness, influence, effect, and continuance of each impending danger threat in the home. In addition, the safety actions must occur at the necessary days, times, and locations, and must be sufficient to control the identified danger threats. Responsible adults must have the knowledge, skill and ability to address the danger threats, and be immediately available whenever the danger threats are or could be present.

Question #2: Are the parents, guardians, or custodians willing for an in-home or combination Safety Plan to be implemented and have they demonstrated that they will cooperate with the responsible adults, safety actions, and supportive resources identified in the Safety Plan?

Willing to accept and cooperate means that the parent(s), guardian(s) and/or custodian(s) allow a Safety Plan to be implemented in the home, to participate according to agreed assignments, and to allow the Department access to the home to actively manage the Safety Plan. The parents, guardians, and/or custodians do not have to agree that a Safety Plan is the right thing, nor are they required to like the plan; but they must be willing to accept and cooperate with the plan in order for it to be effective.

Question #3: Is the home environment calm and consistent enough for an in-home Safety Plan to be implemented and for responsible adults to be in the home safely?

Calm and consistent refers to the environment, routine, how constant it is, and its predictability to be the same from day-to-day. The environment must accommodate plans, schedules, and safety actions and be non-threatening to those participating in the Safety Plan.

Question #4: Can an in-home Safety Plan and the use of in-home safety actions sufficiently control impending danger without the results of outside professional evaluations (psychiatric/psychological or medical)?

To answer this question yes, it must be clear how each impending danger threat is occurring in the household. This question is answered no when 1) specific information is needed to understand impending danger threats, caregiver capacity or behavior, or family functioning related to impending danger threats in order to know what is required to control threats, and 2) a clinical or forensic evaluation by a professional is needed to obtain the necessary information. Evaluations that are concerned with treatment or general information gathering (not specific to impending danger threats) can occur in tandem with in-home Safety Plans.

Question #5: Do the parents, guardians, or custodians have a suitable place to reside where an in-home or combination Safety Plan can be implemented?

A suitable place to reside means a home/shelter exists and can be expected to be occupied for as long as the Safety Plan is needed, and the caregivers live there full time. A domestic violence or other shelter, or a friend’s or relative’s home, qualifies as a suitable place to reside if other criteria are met (e.g., expected to be occupied for as long as the Safety Plan is needed, caregivers live there full time, etc.).

If any of the above five questions are answered “no,” an out-of-home Safety Plan is established and in most circumstances, conditions for return must be developed and recorded within the Safety Plan. For circumstances in which conditions for return are not developed, see Conditions for Return.

In investigations with a criminal conduct allegation, where a child has a severe injury that is likely an inflicted injury and the perpetrator of the abuse is unknown, an in-home Safety Plan cannot be established in a household where an adult resides who has not been ruled out as a perpetrator of the abuse because there is insufficient information about how the impending danger occurs and the circumstances that must be controlled. See Investigations Involving Allegations of Criminal Conduct.

An in-home Safety Plan may not be sufficient and appropriate in a household where any of the following are true:

• The parent, guardian, and/or custodian has expressed an unwillingness to care for the child.
• The child is profoundly afraid of a caregiver who continues to live in or have access to the home.
• An in-home Safety Plan would violate the child’s victim rights, such as when the non-offending parent does not believe the child’s description of abuse or neglect, placing the child at risk to be coerced.
• Medical child abuse is suspected (see Medical Child Abuse).
• Any of the aggravating circumstances listed below are present (for more information on aggravating circumstances, refer to: Selecting the Permanency Goal).
  • The child previously was removed, adjudicated dependent due to physical or sexual abuse and, after the adjudication, the child was returned to the parent or guardian and then removed within eighteen months due to additional neglect or abuse.
  • The parent, guardian, or custodian has expressed no interest in reunification with the child.
  • The parent or guardian is suffering from a mental illness or mental deficiency of such magnitude that it renders the parent or guardian incapable of benefiting from the reunification services. This finding shall be based on competent evidence from a psychologist or physician that establishes that, even with the provision of reunification services, the parent or guardian is unlikely to be capable of adequately caring for the child within 12 months after the date of the child’s removal from the home.
  • The parent or guardian:
    • committed an act that constitutes a dangerous crime against children as defined in A.R.S. § 13-705; or
    • caused a child to suffer serious physical injury or emotional injury; or
    • the parent or guardian knew or reasonably should have known that another person committed an act that constitutes a dangerous crime against children as defined in A.R.S. § 13-705; or
    • caused a child to suffer serious physical injury or emotional injury.
  • The parent’s rights to another child have been terminated, the parent has not successfully addressed the issues that led to the termination, and the parent is unable to discharge their parental responsibilities.
  • The child has been removed from the parent on at least two previous occasions, reunification services were offered or provided to the parent/guardian after removal, and the parent/guardian is unable to discharge parental responsibilities.
  • The parent or guardian of a child has been convicted of:
    • a dangerous crime against children as defined in A.R.S. § 13-705; or
    • murder or manslaughter of a child; or
    • sexual abuse, sexual assault or molestation of a child; or
    • sexual conduct with a minor; or
    • commercial sexual exploitation of a minor; or
    • sexual exploitation of a minor; or
    • luring a minor for sexual exploitation.
  • The parent or guardian of a child has been convicted of aiding or abetting or attempting, conspiring or soliciting to commit any of the crimes listed directly above.
  • A child who is currently under six months of age was exposed to a drug or substance and the exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional and both of the following are true:
    • the parent of the child is unable to discharge parental responsibly because of a history of chronic abuse of dangerous drugs or controlled substances; and
    • reasonable grounds exist to believe that the parent’s condition will continue for a prolonged or indeterminate period based on a competent opinion from a licensed health care provider with experience in the area of substance abuse disorders, as follows:
      • physician;
      • psychologist;
      • nurse practitioner who focuses on psychiatric mental health; and
      • licensed independent substance abuse counselors.

The Department may file an In-Home Intervention or In-Home Dependency Petition for court supervision and oversight (see Determining the Level of Department Intervention, Services and Court Oversight).

The DCS Specialist will request a Safety Team Decision Making (TDM) meeting, as needed. See Team Decision Making.

Safety Actions and Supportive Resources in Safety Plans

Safety actions are active and intentional efforts made by responsible adults (family members, informal supports, or other members of the family network) who take responsibility for assuring that a child’s basic needs and need for safety are met.

Supportive resources may also be included in the Safety Plan to assist responsible adults in the completion of safety actions.

Developing a Safety Plan that is not full time out-of-home placement requires knowledge about other actions or methods that might immediately control threats of danger. Safety actions and supportive resources can provide practical resources, crisis management, social support and connection, behavior management, and separation of the child and parent. The following safety actions and supportive resources may help substitute for a parent/caregiver’s diminished protective capacities:

Practical Resources

These actions and services provide practical help to the family in order to mitigate threats of danger to the child. Examples include:

• resource acquisition related to a lack that affects child safety (such as a crib or food);
• transportation services to address an issue associated with a safety threat;
• employment or financial assistance to decrease resource gaps affecting child safety; and
• housing assistance to meet the family’s basic need or to replace dangerous housing.

Crisis Management

A crisis event or situation overwhelms the caregiver’s and family member’s emotions, abilities, and resources so that the caregivers are unable to solve problems and manage their lives. A crisis for families may not necessarily be a traumatic situation or even in actuality, but a perception of those individuals involved.

Crisis management aims to halt a crisis and mobilize problem solving to return a family to a state of calm. Appropriate crisis management handles precipitating events or sudden conditions that immobilize parents’ capacity to protect and care for children. Examples include:

• crisis intervention and counseling;
• resource acquisition when lack of resources creates a crisis;
• emergency financial and/or housing assistance; and
• help with basic parenting tasks.

Social Support and Connection

These actions and resources may be useful with young inexperienced parents who are not meeting basic protective responsibilities; anxious or emotionally immobilized parents; parents needing encouragement and support; parents overwhelmed with parenting responsibilities; and developmentally disabled parents. For example, actions and resources include:

• friendly visitor (formal or informal supports directly related to purposefully reducing isolation and connecting caregivers to direct support);
• basic parenting assistance and teaching (focused on essential knowledge and/or skill a caregiver is missing or failing to perform);
• homemaker services pertinent to issues associated with the impending danger;
• home management services pertinent to issues associated with the impending danger;
• supervision and monitoring that occurs during scheduled in-home contacts with social conversations;
• formal and informal social networking that is focused and purposeful; and
• in-home babysitting that allows for social contact, conversation, and support.

Control or Manage Threatening Behavior

This type of service in a Safety Plan controls aggressive behavior, passive behavior, or the absence of behavior – any of which can threaten a child’s safety. For example, actions and supportive resources include:

• in-home health care that manages health care issues affecting caregiver behavior or a vulnerable child;
• substance abuse intervention, such as detoxification, management, or monitoring that controls substance intake;
• supervision and monitoring of caregiver behavior and circumstances that influence caregiver behavior;
• stress reduction to reduce stressors that are influencing caregiver behavior;
• out-patient or in-patient medical treatment;
• emergency medical care that treats immediate physical conditions that affect caregiver behavior; and
• emergency mental health care that treats and manages acute mental health conditions.

Separation of Parent and Child

Separation as a safety action may range from one hour, to a few days, to extended out-of-home care. Separation may involve hourly babysitting, temporary out-of-home placement, or both. In addition to child safety, separation may provide respite for parents and children to reduce stress and provide opportunities for social connection. Separation creates alternatives to family routine, scheduling, and daily pressures. Separation also can serve a supervisory or oversight function. Examples include:

• planned parental absence from home;
• respite care;
• child care;
• after school care;
• planned activities for the children;
• short term out-of-home placement of child for weekends, several days, few weeks; and
• extended out-of-home care.

A dependency petition must be filed with the juvenile court if the least intrusive intervention necessary to keep the child safe requires:

• a parent, guardian and/or custodian to leave the home for longer than the duration of the present danger plan; and
• there are no current court orders that already restrict or deny contact between the parent guardian, and/or custodian who is leaving the home and the child.

Refer to Determining the Level of Department Intervention, Services and Court Oversight and Out-of-Home Dependency for procedures related to filing a dependency petition.

Identifying Responsible Adults to Implement Safety Actions

In order to implement a Safety Plan, a responsible adult must be identified who is able to carry out the required safety actions. The responsible adult(s) may be a parent, guardian, and/or custodian in another household, a family member, or another adult who meets the criteria listed below. The responsible adult(s) must be present and immediately able to take action at any time a threat of danger is present. The DCS Specialist may not be assigned as a responsible adult.

Engage the family members and ask for their assistance in identifying appropriate individuals who are relatives or have a significant relationship with the child and can assist to control threats of danger to the child. Obtain information to determine if the prospective responsible adult(s) and members of their household (if applicable) are appropriate for this role. Meet in-person with any identified prospective responsible adult to assess their ability to be responsible for safety actions, to include whether they:

• has demonstrated the ability to protect the child in the past (with or without DCS involvement) while under similar circumstances and family conditions;
• believes the child’s report of maltreatment and is supportive of the child;
• is capable of understanding the specific threat to the child and the need to protect the child;
• displays concern for the child and the child’s experience and is intent on emotionally protecting the child;
• has a strong bond with the child and they understand the number one priority is the safety and well-being of the child;
• is physically able to intervene and protect the child;
• does not have significant individual needs that might affect the safety of the child, such as severe depression, lack of impulse control, medical needs, etc.;
• is emotionally able to carry out a plan and/or to intervene to protect the child (not incapacitated by fear of the maltreating person);
• has adequate knowledge and skill to fulfill caregiving responsibilities and tasks (this may involve considering the caregiver’s ability to meet any exceptional needs that the child might have);
• has asked, demands and expects the maltreating adult to follow the conditions of the Safety Plan and can assure the plan is effectively carried out;
• consistently expresses belief that the maltreating person is in need of help and that he or she supports the maltreating person getting help (this is the individual’s point of view without being prompted by DCS);
• if having difficulty believing the other person would maltreat the child, the individual describes the child as believable and trustworthy;
• has adequate resources necessary to meet the child’s basic needs;
• is cooperating with the DCS Specialist’s efforts to provide services and assess the specific needs of the family; and
• does not place responsibility on the child for the problems of the family.

 

If the Safety Plan includes a child remaining in the home of his or her parent, guardian, and/or custodian, complete a search for prior AZ DCS involvement and a criminal records check of public records for the responsible adult(s).

 

Gather information from the prospective responsible adult(s) regarding:

• criminal history;
• complete a public records check;
• contact local law enforcement to complete a records check; and
• if appropriate, request history from out of state child welfare systems (when the responsible adult(s) has resided in another state and there is an indication that there is a history of out of state child welfare involvement).

If the Safety Plan includes the placement of a child in the home of an unlicensed relative or non-relative, follow the procedures for background checks located in Kinship Care.

Parents as Responsible Adults

If a child has been determined to be unsafe due to impending danger in the household where the alleged abuse or neglect has occurred, and an in-home safety analysis reveals that an in-home Safety Plan cannot sufficiently manage the safety threats in that home, and the child is placed with a parent, guardian and/or custodian in another household, a Safety Plan must still be developed and implemented. Placement of a child with a parent, guardian and/or custodian in another household does not, in and of itself, resolve the safety threat in the household of the abuse or neglect.

If the Safety Plan includes the child residing with a parent, guardian, and/or custodian who resides in a different household from the home of the alleged abuse or neglect, and this household was not comprehensively assessed using the Family Functioning Assessment – Investigation, consider the following:

• The parent, guardian and/or custodian has experience with parenting this or other children. The parent, guardian and/or custodian has parenting and child development knowledge.
• The parent, guardian and/or custodian knows and practices positive methods of discipline.
• The required supports the parent, guardian and/or custodian must have to provide for the child’s needs have been identified. These supports include medical, behavioral health, dental, special needs, transportation, communicating with professionals, etc.
• The parent, guardian and/or custodian has identified sufficient and appropriate supervision for the child, including after-school or childcare if necessary. (Include case plan if childcare will be paid for by DCS.)
• The parent, guardian and/or custodian is appropriately able to assist the child in family time/visitation and other forms of communication with the other parent, guardian and/or custodian and siblings.
• The parent, guardian and/or custodian is willing and able to participate in meetings (TDMs, CFTs, IEPs, etc).
• The parent, guardian and/or custodian is aware that DCS and service providers will visit the home in order to fulfill Safety Plan oversight and service provision responsibilities.
• The parent, guardian and/or custodian have identified the anticipated expenses if the child is placed in the home. The parent, guardian and/or custodian is able to provide sufficient care for the child without causing financial hardship for the family.
• The parent, guardian and/or custodian have determined whether there is a need for services or supports to maintain the child safely in the home. (Include any needed services and supports in the case plan).

Responsible adult in a Safety Plan who is a qualified patient of medical marijuana

If a potential responsible adult identified in the Safety Plan is also a qualifying patient, designated caregiver, or cultivator of medical marijuana, the following factors should be addressed in evaluating the person’s suitability, reliability, and ability to control threats of danger to the child(ren):

• any action taken by the prospective responsible adult/placement to ensure any child in the home does not have access to the marijuana;
• action taken by the prospective responsible adult/ placement to ensure any child in the home is not adversely affected by the patient’s medical use of marijuana;
• the effects of the “debilitating medical condition” and the medical use of marijuana on the prospective responsible adult’s ability to provide a safe home environment for the child, and meet the child’s placement needs, including transportation to/from appointments, visitation, and other routine activities; and
• concerns by the prospective responsible adult’s physician about their ability to provide for the child’s safety and well-being (if the adult is a qualifying patient).

Safety Plan Oversight and Management

The DCS Specialist maintains responsibility for oversight of the sufficiency and implementation of the Safety Plan, which includes oversight to ensure that all responsible parties are carrying out the actions and duties in the plan. The use of a responsible adult does not relieve the DCS Specialist of responsibility for oversight and management of the Safety Plan or continued assessment of the child’s safety.

A Safety Plan must be implemented, active, and continuously managed and monitored by the DCS Specialist. The DCS Specialist must continuously reassess the family conditions and dynamics, and the sufficiency of the plan. This may include interviewing the child(ren), parents/caregivers, and any responsible adults in-person and alone, and asking questions to determine if the actions as outlines in the Safety Plan continue to control the impending danger threat. The DCS Specialist is responsible for Safety Plan oversight as long as threats of danger to a child exist and caregiver protective capacities are insufficient to ensure the child is protected in the home.

For the duration of the Safety Plan, the DCS Specialist must continually review the adequacy of the safety action(s), and modify the written plan when necessary. In addition, the DCS Specialist is responsible for updating the written Safety Plan whenever the following changes occur:

• the responsible adult(s) identified as responsible for actions in the Safety Plan have changed;
• the safety actions required to manage new or existing impending danger threats have changed;
• new or additional safety actions, supports, or arrangements are being included;
• parent-child contact restrictions or supervision described in the Safety Plan have changed;
• an assessment reveals that the Safety Plan is insufficient and must become more restrictive; or
• an assessment reveals changes to behavior or circumstances that indicate a plan can become less intrusive.

For effective oversight, the DCS Specialist must have an adequate understanding of the status of the safety threats and the sufficiency, feasibility, and sustainability of the safety action(s) identified; and must anticipate potential crisis situations.

A case cannot be closed when a Safety Plan is in effect. A case must be opened for services if a child has been assessed as unsafe.

Supervisor Consultation

A DCS Program Supervisor must be involved in developing the Safety Plan and must approve any Safety Plan the DCS Specialist initiates with the family. The DCS Program Supervisor should confirm that the actions in the Safety Plan are the least intrusive actions that are sufficient to control the identified impending danger threat(s). If the plan is an out-of-home Safety Plan, the DCS Program Supervisor and DCS Specialist will develop the conditions for return prior to discussing them with the family.

The DCS Program Supervisor shall discuss how the DCS Specialist will continue to provide oversight and management of the Safety Plan and the plan for continued assessment of the child’s safety.

Complete a review of the sufficiency of any active Safety Plan with the DCS Specialist during clinical supervision.

Document supervisory consultations as described in Providing Strength-Based Supervision.

Documentation

Document the in-home safety analysis and the Safety Plan for each applicable household, and conditions for return (if applicable) on the Safety Plan and Safety Plan Signature Page, CS0-1034B or in Guardian. File a copy of the Safety Plan in the case record and upload in Guardian as an Artifact, if needed. Give a copy of the Safety Plan documents to each parent/caregiver, and any responsible adult(s) identified in the plan.

If an out-of-home Safety Plan is created, assess the responsible adult’s home by completing the Family and Home Evaluation.

Using Notes, indicate that the criminal background and DCS history checks for all responsible adults named in the Safety Plan were completed. Include the individual’s name, their relationship to the child, and the name of the DCS Program Supervisor who reviewed the information and approved the individual as a responsible adult named in the Safety Plan.

Document discussions with all responsible adults about their ability to use judgment and take actions that will protect the child, and to be present with the child at all times when there are anticipated threats to the child’s safety in Notes.

Document the results of the search for relatives in Notes.

If the child is removed as part of an out-of-home Safety Plan, complete the Removal Details in Guardian.

Follow documentation procedures in Voluntary Placement if a voluntary foster care agreement was implemented.

Effective Date: February 1, 2021

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S07_1%20Conditions%20Return.htm

Chapter 2 : Section 7.1

Conditions for Return

Procedures

Conditions for return are written statements of specific behaviors, conditions, or circumstances that must exist before a child can return and remain in the home with an in-home Safety Plan.

The conditions for return are directly connected to the specific reasons why an in-home safety plan could not be put into place. Conditions for return describe the caregivers’ behaviors and family circumstances that would need to exist in order for a sufficient, feasible, sustainable in-home safety plan to be implemented.

The DCS Specialist and DCS Program Supervisor will develop the conditions for return prior to discussing them with the family. The DCS Program Supervisor will approve the conditions for return as part of approving the Safety Plan. The DCS Specialist and DCS Program Supervisor must ensure the conditions for return are comprehensive and sufficient to address all circumstances preventing the use of an in-home safety plan.

The DCS Specialist will engage with the family to review and discuss the conditions for return. This may happen during the Safety Team Decision Making (TDM) meeting. The DCS Specialist will review the Safety Plan, including the conditions for return and progress toward meeting the conditions for return, with the parents and the DCS Program Supervisor at least monthly. The DCS Specialist and/or DCS Program Supervisor will review the conditions for return during the case plan staffing, checking for understanding from family and team members.

Conditions for return should not be developed for any parent, guardian, or custodian whose whereabouts are unknown at the time of the Family Functioning Assessment. Once the missing parent, guardian, or custodian is located, a full assessment shall be completed and, if an out-of-home safety plan remains necessary, conditions for return will be developed at that time.

Conditions for return should not be developed for any parent, guardian, or custodian with whom reunification will not be pursued due to aggravating circumstances of abuse or neglect, or whose child(ren) have a permanency goal other than reunification.

At any time the Safety Plan is reassessed, the DCS Specialist and DCS Program Supervisor will assess whether current circumstances still indicate the need for an out-of-home safety plan, and whether any or all of the conditions for return have been met.

When the in-home safety analysis indicates that a sufficient, feasible, and sustainable in-home safety plan can be implemented, the DCS Specialist will engage with the family and service team to develop a reunification transition plan. For more information on reunification planning, see Family Reunification.

When the conditions for return are met and a child is able to return to the home of a parent, guardian or custodian with an in-home safety plan, the family’s DCS ongoing services case will remain open until the children are determined to be safe with no need for a safety plan (threats of danger are no longer present or a parent, guardian, or custodian has demonstrated an enhancement of identified diminished protective capacity to consistently manage all threats of danger).

Identifying the Conditions for Return

Prior to identifying the conditions for return, the DCS Specialist and DCS Program Supervisor identify, discuss, and analyze:

• how each identified impending danger threat is manifested in the family;
• the safety threshold criteria, particularly the observable and specific family condition and the out of control nature of the threat;
• caregiver protective capacity, attitude, and awareness; and
• the potential for threatening caregivers or persons to leave the home.

The DCS Specialist and DCS Program Supervisor should consider the following when determining specific conditions for return to the family:

• The original reason for an out-of-home safety plan (i.e., caregiver behaviors that were violent or out-of-control, there are safety issues with the home environment, and/or lack of resources or support within the family network).
• Whether the child(ren) are fearful of returning home. The in-home safety plan is feasible and considers the child(ren)’s current emotional needs.
• There are adequate services and/or supports (responsible adults) that can substitute for all diminished caregiver protective capacities to control the impending danger within the home. Explain those services/supports.
• The level of supervision necessary to ensure child safety has been determined.
• The times, days, or under what circumstances responsible adults or safety services must be available to ensure child safety have been determined.
• The stated conditions for return address all of the issues that made an out-of-home safety plan necessary.
• If the stated conditions for return are met, a sustainable in-home safety plan is possible.
• The stated conditions for return include conditions related to the parent demonstrating the willingness and consistent ability to support an in-home safety plan.
• Meeting the stated conditions for return will confirm the parent is willing and able to continue working toward completion of the case plan and identified treatment goals.

Development of the Conditions for Return

Conditions for return describe what the particular family’s behaviors, conditions, and circumstances will look like when all five of the in-home safety analysis questions are answered yes, and there are responsible adults and/or safety services who can substitute for the parent/caregiver’s diminished protective capacity, so that threats of danger are consistently controlled.

To develop the written statements of conditions for return, consider each of the five in-home safety analysis questions. For any question answered no, document the specific reason(s) why it was and continues to be answered no.

Question #1: Is there a combination of safety actions and supportive resources capable of sufficiently controlling the identified danger threats, and are there sufficient resources within the family network or community to control the identified threats?

Safety actions and services to control the safety threats are dependent upon the identified impending danger threat. The safety actions and services must be available to the family at the necessary days, times, and locations, and they must be sufficient to control the identified danger threats. Responsible adults and safety services must be immediately available whenever the danger threats are or could be present.

Condition for return statements associated with the sufficiency of resources should reflect what would need to be different in comparison to what was determined to require an out-of-home safety plan. The written conditions should describe:

• The specific safety actions and/or services that would need to be in place to control safety threats in the home.
• The level of effort necessary to manage behavior and/or provide social connections and/or provide basic parenting assistance etc. (identify what).

Question #2: Are the parents, guardians, or custodians willing for an in-home or combination safety plan to be implemented and have they demonstrated that they will cooperate with the responsible adults, safety service providers, and safety actions identified in the Safety Plan?

Willing to accept and cooperate refers to the most basic level of agreement to allow a Safety Plan to be implemented in the home and to participate according to agreed assignments. The parents, guardians, or custodians do not have to agree that a Safety Plan is the right thing, nor are they required to like the plan; but they must be willing to accept and cooperate with the plan in order for it to be effective.

Conditions for return statements associated with a caregiver’s lack of acceptance and willingness to participate in developing an in-home Safety Plan should reflect what would need to be different in comparison to what was determined to require an out-of-home Safety Plan. For example:

• Caregiver is open to having candid discussion about the reason for a Safety Plan and what the Safety Plan would involve regarding child safety.
• Caregiver expresses genuine remorse about (specific maltreatment) toward child and is willing to discuss the need for a Safety Plan.
• Caregiver expresses a genuine interest in doing what is necessary to have the child return to the home.

Question #3: Is the home environment calm and consistent enough for an in-home Safety Plan to be implemented and for responsible adults and/or safety service providers to be in the home safely?

Calm and consistent refers to the environment, it’s routine, how constant and consistent it is, its predictability to be the same from day-to-day. The environment must accommodate plans, schedules, and services and be non-threatening to those participating in the Safety Plan.

Conditions for return statements associated with the home environment should reflect what would need to be different in comparison to what was determined to require an out-of-home Safety Plan. For example:

• Specific individuals (identify and describe what was problematic about certain people being in the home and threatening to child safety) no longer reside in the home and the caregiver’s commitment to keeping them out of the home is sufficiently supported by in-home safety actions and/or services.
• Caregiver no longer expresses or behaves in such a way that reasonably will disrupt an in-home Safety Plan (describe specifically what would be different that was preventing an in-home Safety Plan), expresses acceptance of the in-home Safety Plan and concern for child; and safety actions and/or services are sufficient for monitoring and managing caregiver behavior as necessary.
• Specific triggers for violence in the home are understood and recognized by caregivers, and the responsible adults and/or in-home safety service providers can sufficiently monitor and manage behavior to control impulsivity and prevent aggressiveness.

Question #4: Can an in-home Safety Plan and the use of in-home safety actions sufficiently control impending danger without the results of outside professional evaluations (psychiatric/psychological or medical)?

This question is concerned with specific knowledge that is needed to understand impending danger threats, caregiver capacity, or behavior or family functioning specifically related to impending danger threats; and whether the absence of such information hinders the DCS Specialist’s ability to know what is required to control threats. Specifically, whether there are gaps in information related to family functioning after the completion of the Family Functioning Assessment, and a clinical evaluation is needed in order to provide further clarification in identifying specific circumstances related to caregiver capacity and behavior that influenced the identified danger threat(s). Evaluations that are concerned with treatment or general information gathering (not specific to impending danger threats) can occur in tandem with in-home Safety Plans.

Conditions for return statements associated with a caregiver’s capacity should reflect the information needed from an evaluation in order to fully assess family functioning, including information necessary to understand what is contributing to the manifestation of impending danger. The additional information gathered from the evaluation(s) may result in the need to reassess and revise the Safety Plan and/or the conditions for return. Although a diagnosis or clinical condition of a caregiver may not be immediately available, the DCS Specialist should still identify observable behaviors and/or circumstances that must be controlled or managed in order for an in-home Safety Plan to be successful. For example:

• Caregiver has participated in the recommended evaluation(s) and the results provide sufficient information to understand how the danger threat(s) manifest within the family.
• Caregiver demonstrates increased emotional stability and/or behavioral control (describe specifically what would be different) to the point where an in-home Safety Plan and safety management can assure child safety.
• Caregiver is demonstrating progress toward (describe specifically what would need to be different; e.g., stabilizing emotionally; increased control of behavior) to the extent that in-home safety services can be sufficient and immediately available for effectively managing caregiver behavior.
• There are responsible adults and/or sufficient safety service resources available and immediately accessible to compensate for a caregiver’s cognitive limitations and provide basic parenting assistance at the level required to assure that the child is protected and has his or her basic needs met.
• There are sufficient responsible adults and/or safety service resources available and immediately accessible to compensate for a caregiver’s physical limitation by providing basic parenting assistance to assure the child’s basic needs are met.

Question #5: Do the parents, guardians, or custodians have a suitable place to reside where an in-home or combination Safety Plan can be implemented?

A suitable place to reside refers to (1) a home/shelter exists and can be expected to be occupied for as long as the Safety Plan is needed, and (2) caregivers live there full time. Home refers to an identifiable domicile. A domestic violence or other shelter, or a friend’s or relative’s home, qualifies as an identifiable domicile if other criteria are met (e.g., expected to be occupied for as long as the Safety Plan is needed, caregivers live there full time, etc.).

Conditions for return statements associated with a caregiver’s residence should reflect what would need to be different in comparison to what was determined to require an out-of-home Safety Plan. For example:

• Caregiver has a reliable, sustainable, consistent residence in which to put an in-home Safety Plan in place.
• Caregiver maintains the residence and there is confidence that the living situation is sustainable.
• Caregiver demonstrates the ability to maintain a sustainable, suitable, consistent residence (describe specifically on an individual case by case basis what would be a sufficient demonstration of a caregivers ability to maintain an adequate place to reside and implement an in-home Safety Plan).

Supervisors

If the conclusion of the Family Functioning Assessment-Investigation and the in-home Safety Plan analysis results in a decision that an out-of-home Safety Plan is necessary to sufficiently manage child safety, the DCS Specialist, with guidance of the DCS Program Supervisor, will document what is required in order for an in-home Safety Plan to be established and the child(ren) returned home (conditions for return).

The DCS Program Supervisor will participate in identifying the conditions for return with the DCS Specialist. All conditions for return statements must be approved by a DCS Program Supervisor prior to providing a written copy to the family.

The DCS Program Supervisor will confirm the conditions for return are directly connected to the specific reasons/justification from the in-home Safety Plan analysis and the reasons why an in-home Safety Plan could not be put into place at the conclusion of the Family Functioning Assessment and/or maintained as a part of ongoing safety management.

Documentation

Document the conditions for return on the Safety Plan and Safety Plan Signature Page. Following DCS Program Supervisor approval, copies are to be provided to:

• the parents, guardians, or custodians;
• any child age 12 or older;
• the out-of-home caregivers; and
• any adults or service providers who are responsible for carrying out identified safety actions and/or services.

Upload an electronic copy as an Artifact in Guardian and place the hard copy in the case file.

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S08%20Team%20Decision%20Making.htm

Chapter 2 : Section 8

Team Decision Making

Procedures

The purpose of a TDM meeting is to partner with the family in decisions about the safety, stability, permanency and well-being of a child at critical points in a case. See Team Decision Making Protocol. The meeting is a collaboration between the Department, parents, guardians and/or custodians, child(ren), extended family and kin, family support persons, and service providers.

All Team Decision Making meetings will be led by a trained TDM Facilitator. The Facilitator’s role is to guide the group discussion in a manner that helps participants understand the situation that prompted the TDM meeting, and allows for all participants to share concerns and strengths related to the current situation. In addition, the Facilitator will seek ideas from the team that are in the best interest of the child and result in the least restrictive, least intrusive living arrangement that maintains child safety, placement stability and permanency. The Facilitator will use a consensus-based approach in order to reach a final decision, however, when consensus cannot be reached, the Department has the responsibility to make the final decision.

The TDM Facilitator will conduct the meeting according to the guidelines in the Team Decision Making Protocol, and engage all team members to review and provide input into the following decisions and/or recommendations:

• Safety TDM meeting:
  • the child’s living arrangement, including recommendations for a present danger plan that is immediate, sufficient and least intrusive, or a safety plan that is sufficient, least intrusive and sustainable;
  • the conditions for return if an out-of-home safety plan will be implemented, including input from the team about how the conditions for return can be met; and
  • the level of authorized contact and visitation between child and parent, guardian and/or custodian, and child and any siblings in out-of-home care, if applicable.
• Placement Stability TDM:
  • a plan to determine which supports and/or services are needed in order to stabilize the living arrangement;
  • a plan for respite or another alternative short-term caregiver, and transition planning between the caregivers;
  • when the living arrangement cannot be stabilized, a plan to transition the child to a new living arrangement;
  • if conditions for return have been met, a plan to transition the child home; and
  • a plan to move the child to a less restrictive living arrangement (example: congregate care setting to kinship caregiver).
• Permanency TDM:
  • a reunification transition plan when the child has been assessed as safe;
  • a reunification transition plan when conditions for return have been met, the child is still assessed as unsafe, and will tansition home under an In-Home safety plan that will manage dangers in the home; and
  • the recommended permanency goal when a change may be recommended to the court.

Roles and Responsibilities

The family, DCS Specialist/OCWI Investigator, Program Supervisor/OCWI Manager, and TDM Facilitator are all responsible for ensuring decisions and recommendations made during the TDM meeting sufficiently address child safety. However, the final decision regarding whether or not a recommended decision or safety plan is sufficient to maintain the child’s safety is the responsibility of the DCS Specialist/OCWI Investigator and the Program Supervisor/OCWI Manager.

The DCS Specialist/OCWI Investigator is responsible for requesting the TDM, inviting participants, and ensuring timely notification to the attendees. A designated TDM staff member is responsible for scheduling the TDM after the referral is received, and requesting interpretation services when the need is indicted on the TDM referral. See the Team Decision Making Protocol for more information on participation and roles.

The DCS Specialist/OCWI Investigator will invite the following individuals to the meeting, as applicable:

• parents, guardians, and/or custodians, including custodial and non-custodial parents, all alleged fathers and step-parents;
• children aged 12 and older in the custody of the Department, if appropriate (consider victim’s rights, child/youth’s level of functioning and school schedule);
• children under age 12 in the custody of the Department, if developmentally appropriate;
• caregivers, including kinship caregivers, foster parents, group care providers, or other caregivers of a child who is in out-of-home care;
• tribal or consulate representatives;
• mental health professionals, therapists/counselors, or other service providers currently involved with the family including the substance abuse assessment or treatment representative, if appropriate, and the Health Plan representative;
• the child’s Court Appointed Special Advocate (CASA); and
• juvenile probation officers.

The following individuals may be invited to the meeting by the parents, guardians and/or custodians, or child(ren) with DCS encouragement and support:

• any support persons identified by the family such as:
  • spouses, partners or significant others;
  • siblings and other relatives
  • friends, neighbors, caregivers or babysitters;
  • members of the family’s faith/spiritual community;
  • school contacts such as teachers, principals, counselors, coaches;
  • therapists or counselors who work with the family;
  • tribal or consulate representatives;
  • military supports
  • extracurricular contacts (Girl/Boy Scouts, club sports, music teachers, etc.); and
  • other involved professionals (juvenile probation, etc.).
• attorneys (see Attorney Participation below).

When a parent retains custody of their child, it is the parent’s decision whether to invite a child aged 12 and older.

Attorney Participation

Criminal Defense Attorneys

The DCS Specialist/OCWI Investigator shall inform the parent, guardian and/or custodian that if an attorney is representing them in any criminal proceeding, a criminal court order is required for the criminal defense attorney to attend the TDM meeting. If a court order is obtained, the criminal defense attorney can attend the TDM meeting, but should not question any of the TDM participants, except for their own client.

Dependency Attorneys

The parent, guardian and/or custodian or child’s attorney may attend the TDM meeting; however, no substantive legal issues should be discussed with the attorney at any time or when the attorney is present. Substantive legal issues include, but are not limited to, the factual or legal basis for the removal, any criminal conduct allegations, the grounds for termination, or the sufficiency of the evidence. Privileged information such as attorney-client information, confidential (private) information such as criminal history record information obtained from the Arizona Department of Public Safety (DPS) or addresses cannot be discussed.

The attorney cannot be considered as a responsible adult or as a caregiver for the child. The attorney is not allowed to question the TDM participants except for the attorney’s own client.

Allegations of abuse and/or neglect should not be discussed in the TDM meeting if such discussion will cause specific material harm to a DCS or criminal investigation or proceeding.

If an Attorney for any participant is expected to attend the TDM meeting:

• obtain the Attorney’s name and phone number,
• ask the participant whether or not the Attorney has been retained to represent them and in what capacity (e.g. is the attorney representing the participant in a dependency or criminal proceeding);
• confirm with the participant whether or not the Attorney plans to attend and/or participate in the TDM meeting;
• inform the participant that if an Attorney is representing a participant in a criminal proceeding involving the DCS matter, a Criminal Court Order is required for the attorney to attend and/or participate in the TDM meeting; and
• notify the Duty or Assigned Assistant Attorney General that the participant’s Attorney plans to attend.

TDM Meetings involving Criminal Conduct Allegations

If the child is part of an assessment where the report alleges criminal conduct, the assessment involves an ongoing criminal investigation, or current or pending prosecution, communication between the DCS Specialist/OCWI Investigator and Law Enforcement will occur prior to holding the TDM meeting. The DCS Specialist/OCWI Investigator will communicate with the Duty or assigned Assistant Attorney General (AAG) before the TDM meeting is held. The TDM meeting may be held without prior communication with Law Enforcement if attempts have been made to contact Law Enforcement and detailed messages have been left.

The following should be discussed with the Duty AAG prior to the TDM meeting:

• the purpose of the TDM meeting (possible topics of discussion);
• whether there are participants who should be excluded from the TDM meeting and the reason why;
• whether an AAG should be included in the TDM meeting and why; and
• specific topics that should not be discussed at the TDM meeting and why.

Do not discuss the criminal conduct allegation(s) during the TDM meeting if it would cause specific material harm.

If any admission of personal responsibility occurs during the TDM meeting or further information is obtained about the allegations, the DCS Specialist/OCWI Investigator will immediately notify and provide the information to the AAG and Law Enforcement to assist in the criminal investigation and prosecution.

The child victim and the alleged perpetrator will not be in the same room or on the phone together during a TDM meeting when the case involves:

The child victim and the alleged perpetrator will not be in the same room or on the phone together during a TDM meeting when the case involves:

• criminal conduct allegations or domestic violence;
• an ongoing criminal investigation;
• current or pending criminal prosecution; or
• the child victim feels threatened or unsafe.

Intimate Partner Violence (Domestic Violence)

In an assessment or case involving intimate partner violence (IPV), include the history of IPV on the TDM referral and coordinate with the TDM staff. See the TDM Protocol, Appendix A: Arizona DCS Safety Check-in Protocol, and Appendix B: Arizona DCS Separate IPV Meeting Protocol.

Notification of the TDM Meeting

The DCS Specialist/OCWI Investigator will:

• have a conversation with the parent, guardian and/or custodian, and the child (if appropriate), regarding the safety threat(s) and the reason for the TDM meeting.
• for parents, guardians and/or custodians who cannot attend in-person (e.g. resides out-of-the-area, out-of-state, or are incarcerated, etc.), to the fullest extent possible, arrange for participation telephonically.
• if possible, provide a copy of the Team Decision Making Brochure to the parent, guardian or custodian prior to the TDM meeting.
• if possible, provide a copy of the Team Decision Making (A Guide for Teens) to any child participating in the TDM meeting.
• in situations when a dependency petition was filed prior to a TDM meeting, notify the Assigned AAG; and
• discuss with the Duty AAG TDM meetings even if a dependency petition has not been filed if:
  • the child is part of an assessment where the report alleges criminal conduct or the assessment or case involves an ongoing criminal investigation or a current or pending prosecution;
  • the TDM meeting is being held on a case in which a Dependency Petition was dismissed within the previous six (6) months;
  • the DCS Specialist/OCWI Investigator and Program Supervisor/OCWI Supervisor wish to consult about legal options for a case.

If a Dependency Petition is filed, send a copy of the TDM Action Plan to the Duty AAG.

Requesting the TDM Meeting

The DCS Specialist/OCWI Investigator will request a TDM meeting by completing and submitting the TDM Referral Form in SharePoint. A designated TDM staff member will schedule the TDM and provide the date, time, and location of the meeting to the DCS Specialist/OCWI Investigator for notification to attendees.

Management Review

A request for a Management Review should be initiated when Department staff participating in the TDM meeting cannot reach a consensus, and at least one DCS staff member assesses that the team decision does one of the following:

• leaves the child unsafe;
• violates policy or law; or
• is overly intrusive and may harm the child.

The intent to request a Management Review shall be stated at the TDM meeting. The reason for the review shall be explained to the participants by the DCS team member who disagrees with the decision. The Facilitator will contact the Assigned Program Manager/OCWI Deputy Chief. Once the Program Manager/OCWI Deputy Chief is present in person or via the phone, the Facilitator will give a verbal summary of the meeting thus far, and state the reason for the review. The DCS Specialist/OCWI Investigator and Supervisor/OCWI Manager will be given the opportunity to share their opinions about the reason for the review. The Program Manager/OCWI Deputy Chief may ask for additional information prior to making a decision.

The Management Review should take place in front of the meeting participants, except in cases where it is necessary to discuss a criminal investigation and disclosure of information could cause material harm to the investigation. In these circumstances, the DCS Staff will discuss these elements with the Program Manager/OCWI Deputy Chief in a private setting, and then return to the meeting.

The Program Manager/OCWI Deputy Chief’s decision becomes the official position of DCS and the team must implement the decision.

Documentation

The TDM Facilitator will:

• complete and provide a written copy of the TDM Action Plan to all participants at the end of each meeting;
• when applicable, request written translation of the TDM Action Plan in the parent, guardian and/or custodian’s primary language within 24 business hours of the TDM meeting;
• upload the TDM Action Plan as a Document in Guardian before the end of the day in which the meeting was held; and
• enter post-meeting data tracking on the TDM Referral List before the end of the day in which the meeting was held.

The DCS Specialist/OCWI Investigator will:

• document all individuals who were invited to the TDM in Notes as a CAse Conference/Staffing note type.
• place a copy of the TDM Action Plan, including the Signature Sheet, in the case file;
• document discussions with the Assigned AAG or Duty AAG in Notes as AG note type.
• document information learned or discovered during the TDM that is relevant to the assessment or case; and
• immediately notify the Child Abuse Hotline if information is revealed that indicates a new allegation of abuse or neglect; and if applicable notify Law Enforcement and the Office of Child Welfare Investigations.

Effective Date: May 22, 2024

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S09%20Temporary%20Custody.htm

Chapter 2 : Section 9

Temporary Custody

Procedures

Temporary Custody

Temporary custody of a child may be necessary if the child has been determined to be in present or impending danger and:

• there is no less intrusive alternative to taking temporary custody of the child that would reasonably and sufficiently protect the child’s health or safety; or
• the child is suspected to be a victim of a sexual offense or an offense involving a serious physical injury that can be diagnosed only by a physician or licensed health care provider that has specific training in forensic evaluations of child abuse.

When removal from the parent or guardian is necessary to ensure the safety of a child, the options for obtaining temporary custody include the following:

• the child’s parent or guardian consents to placing the child in the temporary custody of the Department;
• a dependency petition is filed and temporary orders from juvenile court place the child in the temporary custody of the Department;
• a court order authorizing temporary custody is obtained from the Initial Appearance court; or
• a Temporary Custody Notice (TCN) is served without obtaining court authorization to protect the child because exigent circumstances exist.

Any child taken into temporary custody shall be returned to their parent or guardian within 72 hours, excluding weekends and holidays, unless a dependency petition is filed or the parent or guardian enters into a Voluntary Placement Agreement with the Department. Refer to Out-of-Home Dependency and Voluntary Placement for more information.

Engage the child’s family, including a parent who resides in another household if applicable, to the greatest extent possible in discussions about the child’s safety and planning for voluntary interventions that minimize intrusion in the life of the family. Refer to Present Danger Assessment and Planning, and Safety Planning for more information.

When taking temporary custody of a child, the DCS Specialist shall:

• advise the parent or guardian of the specific reasons why the child is being taken into temporary custody;
• request the names, locations, and contact information of:
  • adult relatives of the child;
  • significant others in the family network;
• ask about the child’s medical (including allergies), educational, social, behavioral health, nutritional, and developmental needs;
• obtain prescription medication(s) and the child’s clothing;
• explain to the child what is happening, in a developmentally appropriate manner and in a private area, if possible, including:
  • why the child is being removed,
  • what the child can expect will happen in the next few hours to the next few days,
  • when the child will next see or speak to the parent(s), if known; and
  • if the child is part of a sibling group that will be separated, where the siblings will be and when the child will next see or speak to them;
• give the child an opportunity to ask questions; and
• provide all parents and guardians with required documents.

Obtain medical information about the child from the parent, guardian, and/or custodian including:

• whether the child has a medical need, allergies, or chronic illness that requires special care or treatment; and
• the name and telephone number of the child’s physician.

If possible, obtain the parent’s, guardian’s, or custodian’s authorization to provide emergency medical care for the child. If the parent, guardian or custodian refuses or is unavailable, consult with a DCS Program Supervisor regarding authorization for procedures.

If the child has a medical need or chronic illness, make reasonable efforts to contact the child’s physician or the physician who most recently examined or treated the child to:

• confirm the diagnosis of the medical need or chronic illness; and
• obtain information on the daily care and treatment required to meet the child’s medical need or chronic illness.

Obtain information about relatives, kin, and others who have a significant relationship with the child who may be able to be a caregiver for the child. See Present Danger Assessment and Planning, and Kinship Care for information on assessing and placing with a kinship caregiver.

Parent or Guardian Consent

If a parent or guardian provides consent for their child to be placed in the temporary custody of the Department, court authorization to remove the child is not required.

The DCS Specialist shall explain to the parent or guardian providing consent for the Department to take temporary custody of the child that consent is being given to the following:

• the child will be placed out of their custody with a:
  • licensed out-of-home caregiver,
  • adult relative, or
  • person with a significant relationship with the child;
• limitations may be placed on the parent or guardian’s care, custody, and control of the child, including limitations on contact; and
• there will be on-going intervention by the Department including, but not limited to, an assessment of child safety and development of a family-centered case plan, if applicable.

Unless the parent or guardian is entering into a Voluntary Placement Agreement with the Department, a TCN must be provided to the parent or guardian. See below for more information regarding serving a TCN.

Dependency Process

Temporary custody of a child may be obtained or continued through the filing of a dependency petition:

• with consideration of weekends and holidays, if there is sufficient time to obtain temporary orders before the expiration of the existing plan that is managing child safety if the conclusion reached at the end of a Family Functioning Assessment is:
  • the child is in impending danger,
  • the in-home safety analysis reveals that the child’s safety is unable to be managed in the home (refer to Safety Planning for more information), and
  • there is currently a plan (e.g. Present Danger Plan, Safety Plan, or Voluntary Placement Agreement) that is sufficiently managing child safety and is sustainable until the dependency petition is filed and temporary orders are received; or
• within 72 hours of serving the TCN.

When the court has granted a dependency petition and temporary orders are received from the juvenile court, serve all parents and guardians with a copy of the temporary orders signed by the juvenile court judge. If a parent cannot be identified or located, arrange for service by publication in the newspaper to occur at least five days prior to the dependency hearing. See Locating Missing Parents and Family for Notification.

Court Authorization from the Initial Appearance court

The DCS Specialist shall submit, under oath to the court, an application for authorization to take temporary custody of a child when the child is in present or impending danger unless:

• a parent or guardian consents to the Department taking temporary custody of the child;
• a less intrusive plan is sufficient to manage threats to the child’s safety;
• the child is already a temporary or adjudicated court ward in a dependency matter; or
• exigent circumstances exist. See Exigent Circumstances below.

The DCS Specialist or DCS Program Supervisor shall submit a written application utilizing the Juvenile Access Communication Exchange (JAX) web portal. The application must state:

• the professional qualifications of the DCS Specialist or DCS Program Supervisor who is submitting the application;
• specific present danger condition(s) or impending danger threat(s) for each child listed on the application;
• circumstances that require temporary custody including a detailed account of circumstances and supporting facts;
• specific reasons why a less intrusive option is not feasible or sufficient to manage the safety of the child in the home and why remaining in the home is contrary to the child’s welfare; and
• the identity and description of each child to be placed in temporary custody, including if there is reason to know if the child is an Indian child. See Removal and Temporary Custody of an Indian Child.

In addition to the information required above, the application must also explain facts that demonstrate probable cause exists to believe temporary custody of the child is clearly necessary to protect the child from suffering abuse or neglect, and remaining in the child’s current home is contrary to the welfare of the child.

For any child believed to be an Indian child or ICWA eligible the facts stated must support a finding that temporary custody is necessary to prevent imminent physical damage or harm to the child. See Removal and Temporary Custody of an Indian Child.

As soon as possible after receipt of a written application, a judicial officer will consider the application. The judicial officer may question the DCS Specialist and/or DCS Program Supervisor who submitted the application. Any additional information requested shall be submitted in writing by the DCS Specialist or DCS Program Supervisor.

In the event the online application is inoperable, complete the Juvenile Removal Offline Form and fax the completed form to the Initial Appearance (IA) court at (602) 253-2645. Include a return fax number to receive the order of approval or denial.

If the JAX web portal and the fax system cannot be used, telephone the IA court at (602) 372-9421 and provide the information required in the application verbally. Contact the IA court directly if there are any problems with the submission of an application.

Upon receipt of an approved order, the Department may:

• execute the order (remove the child(ren) included in the order) within 10 calendar days of the issuance of the order; or
• elect to not execute the order if:
  • additional information or circumstances indicate temporary custody is no longer necessary to protect the child; or
  • circumstances have changed and a less intrusive plan will be sufficient to manage any threats to the child’s safety.

The temporary custody authorized by the order will expire 72 hours after the execution of the order, excluding weekends and holidays, unless a dependency petition is filed or the parent or guardian enters into a Voluntary Placement Agreement with the Department.

If the judicial officer denies the application:

• immediately contact the Program Manager and consult with the Attorney General’s Office to determine if independent grounds exist to file a dependency petition with the juvenile court; and
• send an e-mail to CourtAuthorizedRemovals@AZDCS.gov with the child(ren)’s name, person number, assessment number and the information contained in the application.

When executing the court order authorizing the removal of the child, provide the parent or guardian a TCN, a printed copy of the application for court authorization, and the order signed by the judicial officer.

If the disclosure of the application for court authorization and the order signed by the judicial officer would cause specific material harm to a DCS or criminal investigation, only provide a copy of the TCN to the parent or guardian. Upload all documents as Artifacts in Guardian and document the specific reasons why disclosure of the application and order would cause specific material harm.

If a dependency petition is filed, the application and order for temporary custody must be filed with the petition, in addition to the TCN. Notify the Duty Attorney General at the time of filing the dependency petition if specific material harm concerns continue to exist regarding the disclosure of the application and order. See Safeguarding Records and Records Request.

Serving a TCN under Exigent Circumstances

Exigent circumstances exist when there is probable cause to believe that the child is likely to suffer serious harm in the time it would take to obtain a court order for removal and either of the following is true:

• There is no less intrusive alternative to taking temporary custody of the child that would reasonably and sufficiently protect the child’s health or safety (See Present Danger Assessment and Planning and Safety Planning), or
• The child is suspected to be a victim of a sexual offense or an offense involving a serious physical injury that can be diagnosed only by a physician or a health care provider who is licensed and has specific training in forensic evaluations of child abuse.

If exigent circumstances exist, the child may be taken into temporary custody without prior court authorization. The DCS Specialist shall provide each parent, guardian, and/or custodian a copy of the TCN and/or Notice of Removal. See below for more information regarding serving a TCN and/or Notice of Removal.

A child who is taken into temporary custody for a medical examination must be returned to their parent or guardian within 12 hours unless the examination reveals abuse. If the examination reveals abuse, the DCS Specialist will notify the parent or guardian if the child will not be returned within the 12-hour period.

If the examination reveals abuse and the child will not be returned within the 12-hour period, make the following determinations within 72 hours of serving the TCN:

• Whether or not a less intrusive plan would be sufficient to manage the child’s safety in the home, and
• Whether or not a dependency petition will be filed.

When the DCS Specialist suspects that abuse has occurred, but a physician or other health care provider is unable to confirm the abuse, or the DCS Specialist has received differing or conflicting medical opinions from the same or different physicians regarding the diagnosis or specific medical finding(s), the person records (including all medical opinions) should be reviewed within 48 hours with:

• a physician who has substantial experience and expertise in child abuse diagnosis, or
• a multidisciplinary team (including a physician who has substantial experience and expertise in child abuse diagnosis, any attending physician, the DCS Specialist and the DCS Program Supervisor).

The DCS Specialist will base the intervention on the most serious diagnosis if a multidisciplinary team or expert medical consultation is unavailable.

If a multidisciplinary team or expert medical consultation is unavailable in your area, consult with a DCS Program Supervisor and have the DCS Program Supervisor or Program Manager contact the DCS CHP Chief Medical Officer at 602-351-2245.

Notice of Temporary Custody

If a child is taken into temporary custody when the parent or guardian is not present, the DCS Specialist must attempt to notify the parent or guardian immediately either in person or by phone.

The DCS Specialist must provide verbal and written notification of the removal to all parents or guardians within six hours unless the:

• Parent or guardian is present when the child is taken into custody. In this case, written and verbal notice shall be provided immediately.
• Parent or guardian resides or is incarcerated out-of-state and notice cannot be provided within six hours. In this case, written notice must be provided within 24 hours.
• Address and location of the parent or guardian is not known. If the address and location of the parent or guardian is unknown, do the following to locate and notify the parent or guardian of the child as soon as possible;
  • if the address cannot be obtained, initiate a search for missing parent with the Arizona Parent Locator Service (see Locating Missing Parents and Family for Notification),
  • make reasonable efforts to obtain the parent or guardian’s address by contacting relatives, friends, and/or employers.

When notification must occur in writing, the DCS Specialist shall deliver or express mail the following to the parent or guardian:

• Temporary Custody Notice, CSO-1000A;
• A copy of the application and court order authorizing removal, if applicable; and
• A Guide to the Department of Child Safety, CSO-1010A.

If the parent or guardian is not available and the place of employment is known, the DCS Specialist will discreetly state that they’re with DCS, leave their name, phone number, and request a return call.

The DCS Specialist shall execute the TCN by doing the following:

• Complete the Temporary Custody Notice, noting the following information on the form:
  • the specific danger threat(s) that are the reason for temporary custody;
  • select how temporary custody was obtained (Parent or Guardian Consent, Court Authorized, or Exigent Circumstances);
  • the services available to the parent or guardian, including a statement of parental rights and information on how to contact the DCS Ombudsman and the Arizona Ombudsman-Citizens’ Aide offices and an explanation of the services that office offers;
  • the date and time when the child was taken into custody, as well as the name and telephone number of the assigned DCS Specialist and Program Supervisor; and
  • if available, record the date, time, and place of the Preliminary Protective hearing on the TCN.
• Explain to the family what will happen next, and when they can expect to hear from the DCS Specialist again.
• If serving the parent or guardian in-person, request they sign the TCN. If they decline to sign, record “Declines to Sign” on the signature line.
• If the date, time, and place of the Preliminary Protective Hearing are not available at the time the TCN is served, provide written notice of this information to the parent, guardian and/or custodian within 24 hours of filing the dependency petition.

The DCS Specialist must send a copy of the TCN to:

• any divorced or non-custodial parent, regardless of the specific arrangements of the custody agreement; and
• any person alleged to be the child’s father, whether or not his name appears on the birth certificate and whether or not allegations that they are the father are confirmed.

Notice of Removal

If the child was removed from a setting other than the home of a parent, guardian, and/or custodian, complete the Notice of Removal, CSO-1039A. Give one copy to an appropriate individual at the place of removal. Proceed with verbal and written notice of parents, guardians and/or custodians.

The following reasons may require removal of a child without caregiver knowledge:

• immediate need for a medical examination;
• provision of emergency out-of-home living arrangement due to present danger to the child; or
• identity or whereabouts of caregiver are unknown.

Emergency Removal of Court Wards

Children who remain in their homes

Court authorization to take temporary custody is required to remove a child who is a temporary or adjudicated dependent court ward under an in-home dependency and is currently in the care of their parent or guardian from the juvenile court with current jurisdiction over the child.

Unless emergency circumstances exist, prior to taking temporary custody of the child submit a worksheet to the Attorney General’s office requesting a motion for removal using the Motion for Change of Physical Custody.

If emergency circumstances exist that require a child who is a temporary or adjudicated dependent court ward to be removed from the home of their parent or guardian the DCS Specialist shall:

• provide a Notice of Removal to the parent or guardian and make reasonable attempts to notify all parents/guardians of the child, and the child’s tribe (if applicable),
• inquire about any family or kin who may be a potential caregiver, and
• schedule a Team Decision Making (TDM) meeting as outlined in Team Decision Making.

If the child will not be returning to the parent or guardian, immediately contact the assigned Assistant Attorney General (AAG) and submit a motion for removal using the Motion for Change of Physical Custody to the juvenile court.

Children placed in out-of-home care

If a child who is already in the temporary custody of the Department or is already adjudicated dependent must be removed from a licensed foster home or kinship caregiver to protect the child from harm or risk of harm, the DCS Specialist shall:

• provide a Notice of Removal to the current out-of-home caregiver of the child,
• make reasonable attempts to notify all parents and guardians of the child, and the child’s tribe (if applicable), and inquire about any family or kin who may be a potential caregiver, and
• schedule a TDM meeting or Child and Family Team meeting as outlined in Team Decision Making.

If removing a child from a licensed foster home and the licensed foster parent disagrees with the plan to move the child, follow procedures in Caregiver Stability for Children in Out-of-Home Care including the Foster Home Transition Conference.

If the child will not be returning to the licensed foster home, contact the assigned AAG and submit a Motion for Change of Physical Custody to the juvenile court within 10 days of the emergency removal of the child from the home.

Supervisor Approval

A discussion with the DCS Program Supervisor and approval is required prior consulting with the Program Manager about taking temporary custody of any child. For additional information, see Providing Strength-Based Supervision.

Program Manager Approval

The DCS Program Manager, or designee, approval is required prior to removing any child. Following the supervision discussion, the DCS Program Supervisor shall contact the DCS Program Manager, or designee, for consultation to obtain approval prior to the removal of any child. The DCS Program Manager shall assign a designee when they will be unavailable at any time for any reason.

In exigent circumstances, a child may be removed without prior consultation if failure to do so would be a danger to the child. Notify and consult with the DCS Program Manager or designee once the child is safely removed.

Documentation

Any time a child is removed from the care of their parent or guardian, provide each parent and guardian a copy of the TCN and/or Notice of Removal unless temporary custody was obtained or already exists through a dependency petition. Documentation shall include verbal and written notification of and reason for the child’s removal to the parent, guardian, or custodian and the parent, guardian or custodian’s response to the TCN. Upload all documents as Artifacts in Guardian.

If temporary custody was obtained through the IA court, in addition to providing a TCN, provide each parent or guardian a copy of the application and signed court order authorizing temporary custody, unless it would cause specific material harm to a DCS or criminal investigation. Upload all documents as Artifacts in Guardian.

If court authorization was obtained, file a copy of the TCN, the application and a copy of the signed order authorizing temporary custody in the hard copy record. Upload all documents as Artifacts in Guardian.

If court authorization was not obtained, document the circumstances under which the parent or guardian consented or the exigent circumstances that were present at the time of the emergency removal. Upload the TCN and/or Notice of Removal as an Artifact in Guardian. File a copy of the TCN and/or the Notice of Removal in the hard copy record.

When a child is taken into temporary custody, complete the Legal Action and following Removal Details in Guardian:

• Removal Reasons;
• Deprivation Factors;
• Household of Removal; and
• Legal Status.

Upload the Present Danger or Safety Plan in Guardian, if not created in Guardian.

Document in Notes all efforts and contact with potential kinship caregivers, including the results of DPS criminal history records and Central Registry checks, as outlined in Kinship Care.

If a dependency petition is filed after a child has been taken into temporary custody, a copy of the TCN and if applicable, the application and court order authorizing temporary custody must be filed with the petition.

File one copy of the notice of the date, time and place of the Preliminary Protective hearing in the hard copy record if the date, time and location of the hearing was not available at the time the TCN was served and as an Artifact in Guardian.

Submit the Report to the Juvenile Court for Preliminary Protective Hearing and/or Initial Dependency Hearing as described in Court Reports. This report must be submitted to the juvenile court no later than 24 hours before the hearing.

Document the child’s out-of-home living arrangement by following the procedures outlined in Placement Needs of Children in Out-of-Home Care and Foster Care Rates Allowances and Payments.

Document the child’s medical need or chronic illness, the daily care and treatment required to meet the child’s medical need or chronic illness, examination and child’s physician information in Guardian.

If applicable, include reasonable efforts to contact the child’s physician or the physician who most recently examined or treated a child who has a medical need or chronic illness in Notes

Effective Date: March 29, 2022

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S10%20Reasonable%20Candidate%20for%20FC%20Determinations.htm

Chapter 2 : Section 10

Reasonable Candidate for Foster Care Determinations

Procedures

Determining if a Child is a Reasonable Candidate for Foster Care

The Department may claim and receive federal funding for the administrative costs associated with children who are residing at home and are reasonable candidates for foster care.

A child is a reasonable candidate for foster care if:

• the child is residing with a parent or guardian;
• the child is at serious risk of removal from home, as defined below;
• reasonable efforts to prevent the child’s removal are being made by providing safety services as part of a Safety Plan and/or treatment services to enhance parental protective capacities; and
• if it becomes necessary to remove the child from the home, the child is expected to be placed in foster care and is not expected to be placed in a detention facility, correctional facility, behavioral health inpatient facility, or hospital.

The child is at serious risk of removal from home if the child is residing with a parent or guardian and:

• the Family Functioning Assessment (FFA) has resulted in a determination that the child is unsafe due to impending danger and an in-home or combination Safety Plan has been developed to control the safety threat(s);
• the FFA has resulted in a determination that the child is currently safe from impending danger, the case has been opened for Department-monitored services and supports, and if these services are not effective emergency removal of the child will be necessary;
  • petition for in-home intervention has been filed;
• a petition for in-home dependency has been filed; or
• the child has been reunified with a parent or guardian, is a temporary court ward or adjudicated dependent, and the Department continues to provide safety services as a part of a Safety Plan and/or treatment services to enhance parental protective capacities and prevent re-entry into foster care.

Develop a family centered case plan following the procedures in Developing and Reassessing the Family-Centered Case Plan. The child’s case plan must identify services, strategies, and supports to assist the parent, guardian, and/or custodian(s) and family to achieve the desired behaviors identified in the case plan. Tailor services to meet the specific needs of the family to prevent removal of the child.

Review the determination that the child is a reasonable candidate for foster care no less than every six months while the case is open and the child remains in the home. This review shall occur as part of the Family Functioning Assessment – Progress Review and/or reassessment of the case plan.

Documentation

When the permanency goal of Remain with Family is selected in a child’s case plan, make the appropriate selection, Yes or No, to document the Reasonable Candidate for Foster Care determination.

Document the re-determination that a child is a reasonable candidate for foster care no less than every six months

Effective Date: June 30, 2023

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S11_1%20FFA%20Involving%20SEN.htm

Chapter 2 : Section 11.1

Investigations Involving Substance Exposed Newborns

Procedures

In addition to policy and procedures specified in Initial Contact and Conducting Interviews, and the Family Functioning Assessment (FFA) – Investigation complete the following:

• Gather information concerning the medical condition of the newborn, including any complications from the substance exposure, the discharge status and instructions (where applicable), and any recommendations for follow-up medical care.
• If available, obtain documentation by the health care professional(s) about the newborn infant’s prenatal substance exposure including:
  • clinical indicators in the prenatal period including maternal and newborn infant presentation;
  • information regarding history of substance abuse or use by the mother;
  • birth and medical records; and
  • toxicology results and/or other laboratory test results on the mother and the newborn infant.
• Obtain information from the health care professional(s) regarding their observations of the parental responsiveness to the newborn, visitation, feeding, understanding of the newborn’s special needs, or any other information to assist in the safety assessment and development of the Infant Care Plan (ICP).
• Obtain the hospital discharge plan and recommendations from the health care professional about post-discharge infant care and medical follow-up.
• If the newborn is hospitalized at the time of the report:
  • visit the newborn’s home environment prior to the newborn’s discharge, or if it is not possible to visit the home prior to discharge, visit the home on the day of the newborn’s discharge; and
  • advise the health care professional that an assessment of the newborn’s safety in the home environment is being completed and request that DCS be notified prior to the newborn’s discharge from the hospital.
• Obtain the name(s) and contact information of the health care professional(s) who will provide routine health care for the newborn, and any recommended special medical care.
• Gather information to assess the six domains of family functioning, as described in FFA – Investigation. In addition, gather the following information to assess threats of danger and parent/caregiver protective capacities in a family with a Substance Exposed Newborn (SEN):
  • parent/caregiver’s history of depression, anxiety, or other mental health concerns that would place the parent/caregiver at risk for post-partum depression;
  • parent/caregiver’s history of substance use, including types, frequency, and amount of drugs used;
  • parent/caregiver’s history of SEN births;
  • parent/caregiver’s history of participation in substance abuse treatment services and other prevention or intervention services;
  • parent/caregiver’s perception of his/her caretaking role and responsibilities;
  • parent/caregiver’s plan to meet the newborn’s basic needs for shelter clothing, medical care, etc.;
  • parent/caregiver’s proposed feeding plan for the newborn;
  • parent/caregiver’s ability to purchase baby formula or obtain formula through the Arizona WIC Program in order to meet the newborn’s nutritional needs;
  • whether tobacco is smoked in the home and plans to discontinue use;
  • identification of the proposed caregivers of the newborn on a daily basis and when the parent(s) is/are unavailable, and the parent/caregiver’s knowledge of each caregiver’s ability to provide safe care to the newborn;
  • sleeping arrangements, including assessment of whether the infant has a safe sleep environment and if multiple births, arrangements for a separate safe sleep environments for each infant;
  • parent/caregiver’s history of parenting, including parenting of siblings in the past or currently; and
  • parent/caregiver’s knowledge of child development, infant/toddler mental health, and behavior management, to include information surrounding relationships between parent/newborn and newborn/siblings.
• If needed, consult with a community and/or contracted substance abuse treatment professional to gain clinical expertise and advice regarding severity of drug usage, signs and symptoms, behavioral indicators, and motivation for treatment.
• For parents who are qualified patients under the Arizona Medical Marijuana Act, ask the parent/caregiver to sign an Authorization to Disclose Health Information or release of information with their provider, and gather the following:
  • a copy (front and back) of the parent’s Medical Marijuana Registry Identification Card;
  • a copy of the physician completed Medical Marijuana Certification Form;
  • the debilitating medical condition and medical records documenting the debilitating medical condition; and
  • the mother’s obstetrics medical records documenting the recommended marijuana dosing and usage during pregnancy.
• For parents engaged in Medically Assisted Treatment (MAT) to control an opioid addiction, ensure that the MAT program includes counseling and behavioral therapies, in addition to the use of medications (such as Methadone or Buprenorphine), to provide a whole-patient approach to the treatment of the parent/caregiver’s substance abuse disorder. To determine if a parent/caregiver is appropriately engaged in MAT, ask the parent/caregiver to sign an Authorization to Disclose Health Information or Release of Information with their provider. Talk to the provider to learn the parent/caretaker’s:
  • length of time engaged in MAT;
  • treatment plan, including whether it includes counseling and behavioral therapies to address the substance use disorder;
  • compliance with the treatment plan and consistency of participating in the program;
  • engagement in random urinalysis testing; and
  • medication dosage and management.
• Check in regularly with the MAT provider to confirm the parent remains compliant and no additional safety threats or diminished protective capacities have been identified.
• For infants suspected of having FASD, obtain as soon as possible or within one year:
  • documentation of the diagnosis by a health professional indicating clinical findings consistent with FASD;
  • the child’s medical records; and
  • the health professional’s recommendations for services for the child.
• Contact the child’s health care professional(s) to verify that newborn follow-up appointments have been scheduled and/or attended; and ask the newborn’s health care professional about potential impacts of breast feeding on the newborn’s health if the mother is using prescribed or non-prescribed drugs.

Provide the Safe Sleep flyer and AZ DCS Safe Sleep Campaign video to the parent/caregiver and review it with them. Visit the home to observe the sleeping conditions of the child and discuss any observed risks. If needed, make referrals to community resources.

Developing the Infant Care Plan (ICP)

Develop an ICP for the newborn infant who was prenatally exposed to alcohol or substance use by the mother, or child up to one year old diagnosed with FASD. When developing the ICP, actively involve the following:

• parents/caregivers;
• the infant’s health care professionals;
• the parent’s/caregiver’s substance abuse treatment service providers, to include MAT provider if applicable;
• out-of-home caregivers; and
• supportive adults identified by the parents/caregivers (if applicable) to develop the ICP.

The ICP describes the services and supports that will be provided to ensure the health and well-being of the infant and addresses the substance abuse treatment needs of the parents/caregivers. Each plan shall address the following areas:

• substance abuse treatment needs of the parents/caregivers;
• medical care for the infant;
• safe sleep practices;
• knowledge of parenting and infant development;
• living arrangements in the infant’s home;
• child care; and
• social connections.

Utilize the Identifying Safe Children for In-Home Oversight Standard Work when deciding if a case involving a SEN who has been assessed as safe should be opened for services.

If a case involving a SEN is opened for services, oversee the implementation of the ICP by observing, discussing, and assessing the child’s status indicators and participation with health care providers during monthly in-person contacts with the child and the child’s parent/caregiver.

If a parent/caregiver has been referred to substance abuse treatment or other services, oversee the sufficiency of the services by observing, discussing, and assessing the parent/caregiver’s progress and participation in services during monthly in-person contacts with the parent/caregiver and through communication with the parent/caregiver’s service provider(s).

Review and reassess the ICP during case plan staffings, Child and Family Team meetings, and whenever there is indication that the child’s health or health care needs resulting from prenatal substance exposure have changed. Update the ICP when applicable and distribute to the parent/caregiver and other team members.

In ongoing cases, development and oversight of the ICP may end when:

• the infant is at least three months old and will remain in an out-of-home placement that is consistently meeting all of the infant’s medical, developmental, social and emotional needs;
• the infant has turned one year of age (ensure any on-going medical, developmental or other needs of the child are met through the DCS Case Planning process); or
• DCS is closing the ongoing case prior to the infant turning one year of age, and has:
  • met with the protective parent, the child’s health care provider, and other service providers (e.g. home visitors) to update the plan;
  • ensured that anticipated future needs of the infant are addressed in the plan; and
  • developed the Aftercare Plan including additional referrals for the family not addressed in the ICP.

If an Assessment involving a SEN will close at investigation, review the ICP with:

• the protective parent, guardian, or custodian;
• the child’s health care provider;
• the parent/caregi
• 8-829. Judicial determinations; timing; documentationA. If a child has been removed from the child’s home, the court shall make protecting the child from abuse or neglect the first priority and shall make the following determinations within the following time periods:1. In the court’s first order that sanctions the removal, whether continuation of the child’s residence in the home would be contrary to the welfare of the child.  This order may be the temporary order that the court issues on the filing of a dependency petition.2. At the preliminary protective hearing, whether the department made attempts to identify and assess placement with the child’s grandparent or another member of the child’s extended family including a person who has a significant relationship with the child.

  3. Within sixty days after the child is removed from the child’s home, whether reasonable efforts have been made to prevent removal of the child or whether it was reasonable to make no efforts to prevent removal of the child.

  4. If the child is not placed with a grandparent or another member of the child’s extended family including a person who has a significant relationship with the child within sixty days after the child is removed from the child’s home, why such placement is not in the best interests of the child.  The petitioner has the burden of presenting evidence that such placement is not in the child’s best interests at the first court hearing thereafter.

  5. Within twelve months after the child is removed from the child’s home and once every twelve months thereafter, whether reasonable efforts have been made to finalize the existing permanency plan.

  6. If the child is under three years of age, within six months after the child is removed from the child’s home, whether reasonable efforts have been made to provide reunification services to the parent and whether a parent of a child who is under three years of age has substantially neglected or wilfully refused to participate in reunification services offered by the department.

  B. Within one hundred twenty days after the department submits a qualified young adult’s signed voluntary agreement to participate in an extended foster care program pursuant to section 8-521.02, the juvenile court shall determine whether the participation is in the qualified young adult’s best interest.

  C. The court shall make each determination described in subsection A or B on a case-by-case basis and shall set forth in its written order the specific factual basis for each determination. In making its determination, the court shall consider documentation that is reasonably available at the time of the determination.

  ver’s substance abuse assessment or treatment provider (if applicable);

• other services providers (e.g. home visitors); and
• any other adults who have a role in the plan to determine that each person is able and willing to consistently and reliably implement the actions described in the ICP.

Provide a copy of the ICP for review during the Aftercare Planning discussion with the parents/caregivers.

Determining the Need for Ongoing Services

Complete a FFA to determine whether the infant is unsafe due to impending danger, following the policies and procedures in FFA – Investigation.

A newborn infant who has been prenatally exposed to alcohol or a controlled legal or illegal substance, or is demonstrating withdrawal symptoms resulting from controlled substances, is considered vulnerable to abuse or neglect. The overall substance use by the parent (including prenatal drug use, whether prescribed or not) and the parents’ ability to perform essential parental responsibilities must be considered in the assessment of the newborn’s safety. For more information regarding substance exposure to a newborn infant, see Pre-Commencement Activities to Prepare for Initial Response.

If the child is assessed as unsafe due to impending danger, immediately implement a Safety Plan following the policies and procedures in Safety Planning. A case cannot be closed when a child is assessed as unsafe.

Determining the Need for In-Home Services

If the child is assessed as safe and this is the first SEN report, consider the following to determine whether the case should be opened for ongoing services:

• The parent or caregiver’s recognition of the problem and motivation to make necessary behavioral changes.
• The family may benefit from services to strengthen protective factors, in order to reduce the risk of future abuse or neglect (assess the family’s protective factors following the policies and procedures in Aftercare Planning and Services).
• The likelihood that the parent or caregiver will consistently and reliably follow the ICP without Department and/or court oversight, including plans for routine and specialized infant health care, use of safe caregivers, participation in parental substance abuse treatment (if applicable), and other actions listed in the ICP. Consider parent/caregiver history and behavior such as:
  • history of SEN reports;
  • follow through with the newborn screening medical appointment;
  • follow through with current substance abuse assessment recommendations (if applicable);
  • history of participation in treatment services offered in the past (if applicable), stability of his/her current living arrangement;
  • demonstrated ability to consistently and reliably meet his/her own needs for housing, medical care, mental health care, nutrition, etc.; and
  • demonstrated understanding of the ICP.
• The parent or caregiver has diminished protective capacities that impacts his/her ability to consistently and reliably follow the ICP.

If the child is assessed as safe and there is prior SEN history, the Program Manager shall review the case history to determine whether In-Home services are appropriate. Identify the family’s needs for agency and/or court oversight. See Determining the Level of Department Intervention, Services and Court Oversight.

S.E.N.S.E. Program

The S.E.N.S.E. (Substance Exposed Newborn Safe Environment) Program can be considered for SEN newborns deemed safe or unsafe, with or without court oversight. An unsafe infant will also have a Safety Plan. See Safety Planning.

If the infant is assessed as safe, engage with the family to determine how S.E.N.S.E. program services can strengthen the family’s protective factors and/or enhance the parents’ protective capacities.

The DCS Investigator will transfer the case for In-Home services to further engage with the family to develop the service and case plans.

The DCS In-Home/Ongoing Specialist who manages the S.E.N.S.E. case will:

• submit a completed S.E.N.S.E. tracking evaluation;
• schedule a home visit within two business days;
• submit a complete S.E.N.S.E. referral to the Resource Unit
• confirm all S.E.N.S.E. team members have received a request for services and are in agreement;
• share the ICP and Safety Plan with all team members (to include updates as they occur);
• arrange drug testing or confirm it is in place;
• conduct weekly home visits early on and as needed;
• oversee weekly S.E.N.S.E. team emails;
• review and update the ICP, Safety Plan, and S.E.N.S.E. Service Plan at 10, 45, and 90-day staffings; and
• report any new allegations of abuse or neglect to the DCS Program Supervisor and the Intake Hotline.

Referring for Substance Abuse Assessment and Treatment Services

Follow policies and procedures in Adult Behavioral Health & Substance Abuse Services. Refer the parent, guardian, or custodian(s) to Arizona Families F.I.R.S.T. (AFF). Provide the parent with a copy of the AFF flyer and encourage the parent’s participation in Substance Abuse Awareness services and, if recommended substance abuse treatment, in order to achieve behavioral changes and improve family functioning.

For more information on coordination of substance abuse treatment services, see Roles and Responsibilities in the Coordination of SEN Cases.

If the AFF provider or other substance abuse service provider informs the DCS Program Supervisor that the family has refused or discontinued treatment, reassess the family member’s substance abuse treatment needs as well as the level of Department and court oversight.

Determining when to Close an Ongoing Services Case Involving a SEN

To determine when it is appropriate to close an ongoing case involving a SEN, determine whether the parent:

• understands the care necessary to help the newborn overcome the effects of the substance use and reliably acts to provide necessary care;
• has taken steps to change or control the behavior or conditions that placed the child in impending danger and whether these steps are sufficient to determine the child is safe from impending danger;
• is involved with extended family members, community support networks, or service providers who will help the family maintain these changes over time; and
• understands the ICP and knows how and where to access help if additional needs for health care or substance abuse treatment arise in the future.

Prior to closing the case, complete an Aftercare Plan as described in Aftercare Planning and Services.

Documentation

Document the outcome of the FFA in Guardian.

Document the status of the Assessment, including participation in the S.E.N.S.E. and Safe Sleep programs in Guardian.

Document the ICP. Obtain signatures from the parents and out-of-home caregivers, upload as an artifact in Guardian, and file the hard copy in the hard copy record.

Document the Aftercare Plan. Obtain signatures from the parents, upload as an artifact in Guardian, and file a copy in the hard copy record

Effective Date: May 4, 2022

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S11_2%20Investigating%20MBP.htm

Chapter 2 : Section 11.2

Investigations Involving Medical Child Abuse

Procedures

If during the course of an investigation or case Medical Child Abuse (MCA) is suspected, contact OCWI. Joint Investigation protocols shall be followed as suspected MCA is a criminal conduct allegation.

To determine if there is reason to suspect Medical Child Abuse (MCA), consider if one or more of the following indicators are true:

Related Indicators

• The child has a history of unexplained or unexpectedly difficult to treat medical, developmental or psychiatric symptoms or illnesses.

• The child has a history of very frequent visits to doctors, clinicians or therapists of any type, hospitalizations, medical procedures or surgeries.

• The child is more/less disabled or functional than one would expect for the reported diagnosis.

• The child’s healthcare providers have reported discrepancies with the history reported by the parent, guardian or custodian and clinical assessments.

Suspected Perpetrator Indicators

• The parent, guardian or custodian:

• has an intense desire to maintain close relationships with the clinical staff (physicians, clinicians or therapists of any type), or regularly engage in conflicts with staff regarding diagnostic and treatment decisions.
• request or demonstrate unusual acceptance of recommendations for invasive or painful procedures.
• fail to express relief when presented with negative (normal) test findings.
• appear to have more of an interest in the medical, developmental or psychiatric conditions than in the child’s well-being.
• insist on performing procedures or routine care in the hospital.
• demonstrate a strong resistance to having the child discharged from medical care.
• report numerous dramatic or life-threatening events.

• The parent, guardian or custodian confessed to exaggerating or inducing illness in the child.

• MCA has previously been suspected or confirmed.

• There is (direct or circumstantial) evidence that the parent, guardian or custodian falsified illness in the child.

Parent-Child Relationship Indicators

• The parent, guardian or custodian demonstrate excessive attention towards the child in the form of enmeshment, overprotection and, restriction of activities and relationships.

• Older child victims behave similarly to the suspected parent, guardian or custodian (reporting symptoms, wanting clinical interventions, etc.).

• Younger child victims appear to have a passive tolerance of painful procedures.

• A child reported illness fabrication, coaching by a parent, guardian or custodian, being given unknown medications or other concerning information.

• Video surveillance tapes revealed that the parent, guardian or custodian is neglectful or abusive of the child when others are not present.

• Symptoms occur only when the suspected parent, guardian or custodian is present or within a few hours after they leave.

• Separation of the child from the suspected parent, guardian or custodian result in a decrease of symptoms or disability in the child.

• The child’s illness responds to standard medical treatment when away from the suspected parent, guardian or custodian.

• Another family member has a history of unexplained or unexpected difficulty to treat medical, developmental or psychiatric symptoms or illnesses.

• Another family member has a history of frequent visits to the doctors, clinicians or therapists of any type, hospitalizations, medical procedures or surgeries.

• Another family member is more disabled or less functional than one would expect for the reported diagnosis.

• There has been a sibling death due to sudden infant death syndrome, unclear reasons or due to symptoms similar to the suspected victim.

• There is a reported history of physical or sexual abuse in suspected parent, guardian or custodian’s family of origin.

Review Medical Child Abuse Information for more information.

Investigation

Follow the procedures for investigating child abuse or neglect as described in Initial Contact and Conducting Interviews, Family Functioning Assessment-Investigations and Investigation Allegation Findings.

Convene a Medical Child Abuse Review Team(MCART). The MCART shall only include internal DCS employees and the AAG. Participants include the OCWI Investigator, DCS Specialist, DCS Program Supervisor, OCWI Manager, DCS Program Manager, the AAG and DCS CHP Chief Medical Officer, as available. The MCART shall meet at least monthly throughout the life of the case and for the reasons specified in the MCART Standard Work.

Immediate protective action must be taken to protect the child when the caregiver’s suspected behavior(s) places the child at risk for unnecessary invasive medical tests or interventions, potentially unneeded medications, physical or emotional abuse, harmful neglect or death.

A present danger assessment of all children in the household must be completed, as it may be necessary to take protective action to ensure their safety.

Interview family members and other persons with knowledge of the family, to obtain a detailed social history of all children, parents, guardians or custodians, and other significant family members. If possible, interview persons separately, but one right after the other, so that there is little or no time for family members to coordinate their answers.

Consult with the AAG to identify a mental health specialist who is familiar with medical child abuse (MCA).

Gather relevant information with guidance and direction from a mental health specialist who is familiar with MCA, if one is available, a qualified health professional(s) or reporting source, and provide the information to the Medical Child Abuse Review Team (MCART). Relevant information may include the following:

• The diagnoses of and treatment being provided to the parent, guardian or custodian if being treated by a clinician.
• Medical and other clinical records (from clinicians, hospitals, clinics, laboratories, emergency services, home health agencies and health insurance companies) including birth records for the suspected victim and all siblings who have been under the care of the suspected parent, guardian or custodian. Enlist the assistance of the DCS CHP Chief Medical Officer to obtain these records, especially from health insurance companies, if needed.
  • Medical facilities often keep separate records for clinic visits, emergency department visits, hospitalizations, and home visits. It is important to ask for all records.
  • In the requests for records, specifically request the inclusion of nursing notes and notes from mental health professionals.
  • If concerning behavior was recorded via video or audiotape, the record request should also include a copy of these recordings.
  • If falsification during pregnancy is suspected, it may also be necessary to request prenatal outpatient and inpatient records for the mother in addition to birth records.

• School records.

• Record of visits to the school nurse, telephone logs, attendance records, and Individual Education Plans (IEP) reports should be requested.

Review Medical Child Abuse Information for more information.

Responsible Adults and Out-of-Home Caregivers

The child’s living arrangement must be one in which the parent, guardian or custodian does not have unsupervised contact with the child and does not have the ability to influence daily care or medical treatment of the child.

If considering placing the child with a non-abusive parent, extended family member or other significant person as a Responsible Adult or caregiver, carefully assess the perspective caregiver’s ability and willingness to protect the child from the suspected parent, guardian or custodian, including their perception of whether the suspected abuse did or could have occurred. Also consult with the MCART and a mental health specialist who is familiar with medical child abuse when assessing the non-abusive parent, a relative or significant person as a Responsible Adult or caregiver.

Contact and Visitation

Assess the danger of the parent, guardian or custodian’s contact with the child. Ensure that visitation, including visitation in a hospital setting, is closely supervised by one or more persons who are familiar with Medical Child Abuse and have been instructed to observe all physical contact between the parent, guardian or custodian and the child and to monitor all communication. Contact the AAG if the parent’s behavior during visitation causes a concern for the child’s safety.

Refer for Clinically Supervised Parenting Time for supervision of parenting time by a qualified mental health clinician to ensure the safety and well-being of the child.

Strict guidelines are needed for visitation and contact. The frequency of visitation and contact depends on the nature of the case. It is imperative that the child feel safe during visitation and contact with the suspected parent, guardian or custodian. Use the following guidelines to develop a visitation and contact plan:

• All visitations should be closely monitored in a neutral location by one or more persons familiar with the safety concerns in the case.

• The parent, guardian or custodian cannot discuss the case or health-related issues, including diet, with the child.

• The parent, guardian or custodian should not give the child anything that the child can consume (such as food, drinks, candy, gum, or medicine) or anything the child can put in their mouth (pacifiers, etc.).

• Ointments or other topical agents cannot be applied to the child by the parent, guardian or custodian.

• All conversation must be audible to the monitor.

• All physical contact, activities and gifts must be developmentally and socially appropriate.

• Diaper changing should not be excessive.

• Clothing changes should be restricted when excessive or inappropriate.

• Telephone calls must be monitored.

• Letters and cards must be read by the monitor prior to being shared with the child.

• Audio and video recording and photographing the child are prohibited.

Case Management

Case planning includes obtaining an assessment and recommendations from a mental health professional regarding critical decisions including diagnosis, treatment, visitation guidelines and reunification.

Obtain an independent, non-treating expert to conduct the assessment for suspected Medical Child Abuse and the evaluation of associated psychopathology.

A Primary Care Physician who is familiar with MCA should be obtained to manage and coordinate the ongoing care of the child while in the care, custody and control of the Department. Request assistance from DCS CHP, if needed. This person may also participate in the Multi-Disciplinary Team(MDT) led by law enforcement.

In order to meet the acute and ongoing needs of the child and family, reasonable efforts should be made to ensure open and regular communication with the Medical Child Abuse Review Team (MCART). The MCART will meet at least once per month throughout the life of the case to review the case, any developments and make decisions regarding the safety of the child(ren). The MCART must be consulted when a change is considered related to the caregiver, visitation, service provision, ongoing assessment of safety, evaluation of progress in obtaining the permanency goal or change to the permanency goal.

MCART members should be provided with relevant information regarding any diagnosis, treatment recommendations and progress, outcome of visitation or contact and services provided and progress towards achieving the permanency goal.

The MCART may be convened to discuss unexpected increases in symptoms, visitation problems or other acute issues. An increase in concerning symptoms and other clinical issues should also be communicated to the assigned PCP or other clinicians.

On an ongoing basis, obtain relevant records to monitor the ongoing physical and emotional status of the child including medical, psychological or school records as appropriate.

As necessary, consult with the AAG regarding any court action required to expedite the gathering of medical records, to restrict or deny visitation, or to compel the suspected parent, guardian or custodian or other family members to participate in assessment or treatment services.

Depending on the nature of the case, a Multidisciplinary Team (MDT) may be used in conjunction with the MCART. The MCART and MDT participants will vary. The MDT is a meeting coordinated and led by law enforcement. The MDT may include the child’s attorney or Guardian ad Litem, tribal representatives, mental health specialists, visitation supervisors and the child’s caregiver.

Consider holding conference calls or meetings with the MDT as needed, depending on the needs of the case.

Review Medical Child Abuse Information for more information.

Documentation

Document contacts, including collaboration and consultation with the members of the MDT, in Notes.

Document the MCART using the Medical Child Abuse Review Team Staffing Agreement/Signature, DCS-2526 and store in an envelope clearly marked Attorney/Client Privilege in the hard file.

Document the action plan developed by the MCART in Notes under AAG Contact as the meeting is subject to attorney client privilege.

If the child is removed update the Legal tab in Guardian.

Document the search efforts for relatives in Notes.

Upload records received as documents in Guardian.

Effective Date: November 11, 2022

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S12%20Determining%20Level%20of%20Intervention.htm

Chapter 2 : Section 12

Determining the Level of Department Intervention, Services and Court Oversight

Procedures

Determining the Level of Department Intervention for Families with Children Assessed as Safe

To determine whether the family may benefit from community-based, Department-referred, or Department-monitored services, assess the family’s protective factors. The protective factors are:

• social and emotional competency of children;
• social connections;
• concrete support in times of need;
• knowledge of parenting and child development; and
• parental resilience.

Consider information gathered during the FFA – Investigation and seek input from the parents, guardians, and/or custodians, and children age six and older, to identify protective factors and/or caregiver protective capacities that can be strengthened in order to reduce the likelihood of future abuse or neglect. Refer to Family Service and Resource Guide for guidance on evaluating protective factors and determining the need for services.

To determine the level of Department services and intervention necessary to strengthen the family’s protective factors, and gauge the family’s commitment to participate in services, evaluate the following:

• The likelihood that without service participation, the family’s protective factors will be unchanged or lessen and as a result the child(ren) will be at risk of future abuse or neglect.
• The parent, guardian, or custodian’s recognition of the problem and readiness for change (see Parent Readiness for Change).
• The family’s history of participation and engagement in services without Department intervention.
• Whether the family has a community and/or support network that is likely to assist the family to access and participate in services.
• Whether the family requires the assistance of the Department to access services and whether service eligibility requires an open case with DCS.
• The family’s willingness to voluntarily participate in a case plan and ongoing services from the Department.
• The least intrusive level of intervention that will sufficiently strengthen the identified protective factors.

Community Based Services and Assessment Closure

If the family’s identified needs can be met by a community-based or DCS-referred service and the family does not require DCS intervention to encourage and monitor service participation, and the family is in agreement, complete an Aftercare Plan with the family following the procedures in Aftercare Planning and Services and close the assessment.

Department Intervention, Case Management, and Transfer

If the circumstances include one or more of the conditions listed in Identifying Safe Children for In-Home Oversight Standard Work or it is determined that the family would benefit from DCS-monitored services through the development of a case plan managed and overseen by the Department, open a case for services.

Services may be provided directly by DCS staff, by contract, or through referral to other organizations or community agencies. Follow procedures in Developing and Reassessing the Family-Centered Case Plan.

Determining the Level of Department Intervention for Families with Children Assessed as Unsafe

Upon completing the Family Functioning Assessment – Investigation, if any child in the home is determined to be unsafe due to impending danger, the Department shall implement a safety plan and open a Case for services. Follow the procedures in Safety Planning to determine the least intrusive safety plan that will sufficiently manage child safety in a feasible and sustainable manner.

Determining the Level of Court Oversight

Upon determining that a child is unsafe, or upon completing the Family Functioning Assessment – Investigation, determine whether court oversight is needed, and the necessary level of court oversight. Levels of court oversight include in-home intervention, in-home dependency, and out-of-home dependency.

The DCS Specialist may consult with the Attorney General’s Office to determine whether there is legal grounds to file a petition for in-home intervention, in-home dependency, or out-of-home dependency. The DCS Specialist will prepare the Dependency Petition Worksheet. Indicate In-Home Intervention Requested, In-Home Dependency, or Out-of-Home Dependency on the Dependency Petition Worksheet and submit it to the Attorney General’s Office.

In-Home Intervention

A petition for an in-home intervention may be filed when:

• The FFA indicates that the child is safe or an in-home safety plan has been implemented and the parent(s) or guardian(s) are in agreement with continued DCS case management and participation in the case planning process.
• There is indication that the parent, guardian, or custodian will follow through with services and supports with minimal court oversight.
• The child has not been taken into temporary custody.
• The child is at risk of harm due to the inability or unwillingness of the parent, guardian, or custodian to provide food, clothing, shelter or medical care.
• The parent, guardian, or custodian is unable to provide proper care, control, and supervision of the child.

Serve the Notice Requesting In-Home Intervention, CSO-1029A to the parents (including the non-custodial parent), guardians, or custodians. Include the signed Notice Requesting In-Home Intervention with the Dependency Petition Worksheet when sending to the Attorney General’s Office.

If necessary, conduct an extensive and documented search for missing parents. If reasonable efforts to locate an absent or missing parent were unsuccessful, document all attempts in a DCS Locate Efforts note, then complete the Family Locate Referral. See Locating Missing Parents & Family for Notification for more information.

Prepare the Report to the Juvenile Court for In-Home Intervention. See Court Reports for information on disclosure of the court report and additional documents.

In-Home Dependency

A petition for an in-home dependency may be filed when:

• a child is assessed as safe at the conclusion of the FFA – Investigation, but is at high risk of future abuse or neglect, and there is indication that the child’s parent, guardian, or custodian will only follow through with services with court oversight; or
• a child is assessed as unsafe at the conclusion of the FFA, a sufficient, feasible and sustainable in-home safety plan has been implemented to maintain the child’s continued safety and well-being in the home, and the parent, guardian, or custodian will benefit from DCS intervention and court oversight to maintain motivation in achieving desired behavioral changes.

The Department shall ensure that intervention is provided to remedy the identified safety threats and diminished caregiver protective capacities that prevent the parent from safely caring for the child without court supervision and Department intervention.

An in-home dependency petition shall not be considered when an out-of-home safety plan has been implemented. See Safety Planning for more information.

Serve the In-Home Dependency Notice CSO-1031A, to the parent (including the non-custodial parent). Prepare the Report to Juvenile Court for Preliminary Protective Hearing and/or Initial Dependency Hearing.

Out-of-Home Dependency

The Department must file a petition for an out-of-home dependency when:

• the child has been assessed as unsafe and an out-of-home safety plan is the least intrusive safety plan open to ensure the child’s safety; and
• legal grounds for dependency exist.

When considering the removal of a child, follow policy and procedures outlined in Temporary Custody.

For more information, see Out-of-Home Dependency.

Documentation

Submit a disposition of the assessment as Open for Services when opening a case.

Document all referred services and supports in the Family Functioning Assessment – Investigation and Case Plan.

Submit a Service Request for Placement, if applicable.

Document the decision to open a Case for services in the Closure tab under Disposition Details.

Document consultation with the Attorney General’s Office using the AG note type.

File a copy of the Dependency Petition along with any court order for In-Home Intervention or In-Home Dependency, or Out-of-Home Dependency in the case record.

Document the child’s legal status in the Legal tab.

Document in Notes, contacts with the following persons:

• family members;
• Department personnel;
• members of the service team;
• tribal social services representative; and/or
• other service team members.

Documentation of contacts should include information on dates, places, individuals involved, and the nature of the contact, and provide a factual summary of the following:

• observations of the family’s interactions; and
• observations of the environment.

Document all conversations with the family regarding the Department’s level of intervention in Notes.

Document all conversations with the family regarding protective factors that may be strengthened, including information on community-based or Department provided service referrals in Notes.

File copies of all assessments, treatment records, monthly reports, and other related documents in the hard copy record.

If the assessment will be closed at the conclusion of the investigation, follow documentation requirements as outlined in Aftercare Planning and Services.

Effective Date: July 26, 2021

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/02%20Investigation_Asssessment_Case%20Planning/CH2_S13%20Case%20Transfer.htm

Chapter 2 : Section 13

Case Transfer

Procedures

When a decision to open a case is made, the sending DCS Program Supervisor or designee will notify the receiving DCS Program Supervisor or designee the same day. The DCS Specialist will submit the assessment for case creation and the DCS Program Supervisor will submit a request to the Program Specialist or designee to create a case the same day.

If the court grants a motion for termination of parent-child relationship as to all named parents, the DCS Specialist will submit a case transfer request to the DCS Program Supervisor or designee within two (2) business days of the court granting the motion. The DCS Program Supervisor or designee will submit the request to the Program Specialist or designee the same day. The sending DCS Specialist will send the adoptions case file to the receiving DCS Supervisor or designee within two business days from unit assignment.

The receiving DCS Program Supervisor or designee will identify the receiving DCS Specialist within one business day of the case creation.

A transfer dialogue is mandatory for all case transfers. A transfer dialogue between the sending and receiving DCS Program Supervisor or DCS Specialist will occur:

• within one working day of unit assignment for cases with an in-home safety plan;

• within two working days of unit assignment for cases with an out-of-home safety plan; or

• within three working days of requesting a transfer to an adoption unit.

Prior to transferring the case, the sending DCS Specialist will submit immediate service requests for identified services such as Arizona Families F.I.R.S.T; random urinalysis testing; child care; etc.

The sending DCS Specialist will inform the parent(s), child(ren), responsible adult(s) and out-of-home caregiver (if applicable) of the decision to transfer the case and will provide the name, contact information, and office address of the receiving DCS Program Supervisor and DCS Specialist on the same day the decision is made.

For cases that are opened for in-home case management, the sending DCS Specialist will ensure all documentation is complete within two business days of the transfer notification being sent to the receiving DCS Program Supervisor or designee.

For cases that are opened or transferred for out-of-home case management, the sending DCS Specialist will ensure all documentation is complete prior to the transfer notification being sent to the receiving DCS Program Supervisor or designee.

For cases that are opened for in-home case management and out-of-home case management, the receiving DCS Specialist will complete the preparation activities in the Preparation and Introduction Supervision Discussion and discuss the case with their DCS Program Supervisor.

Upon assignment, the receiving DCS Specialist is responsible for all case management responsibilities.

Documentation

DCS Ongoing Specialist documents the court’s order granting the motion to terminate the parent-child relationship in a Court Hearing note.

DCS Program Supervisor- Investigation:

Complete the Supervision Documentation Assessment (DCS-2096) prior to case transfer.

Effective Date: September 7, 2022

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/03%20Case%20Planning%20and%20Services/01%20Providing%20CM%20and%20S%20for%20Families%20with%20Safe%20Child/CH3_S01%20CM%20for%20Safe%20Child.htm

Chapter 3 : Section 1

Providing Case Management and Services for Families with Children Assessed as Safe

Procedures

Preparing to Meet the Family

Upon assignment, the receiving DCS Specialist will review the case information and develop a plan for the initial meeting with the family.

To the extent possible, the DCS Specialist should complete the following activities prior to the initial meeting with the family:

• Review information in the electronic and case file records to identify the family composition(s), family needs, history of services provided to the family, response to services, and additional information needed.
• Contact the investigating DCS Specialist to seek clarification about the FFA – Investigation or any decisions made, if needed.
• Identify strategies for family engagement based on what is known.

The DCS Specialist will coordinate the timing, location, and circumstances of the initial meeting with the parents, guardians, and/or custodians including the following:

• the location of the meeting, which should be the most family-like setting possible;
• the day and time of the meeting, based on the family’s schedule (work/school/services/visitation) and access to transportation; and
• when domestic violence has been identified as present in a family, a plan to have separate meetings with the parents, guardians, and/or custodians.

Initial Contact with the DCS Specialist and the Family

During the initial contact between the DCS Specialist and the family, the DCS Specialist will:

• meet with both the parent(s) and child(ren);
• discuss the identified DCS concerns as well as the family’s concerns;
• assess each parent/caregiver’s stage of change;
• discuss options with the family to address identified concerns and explain what the family can expect;
• assess the family’s willingness and availability to engage in services and schedule the second home visit;
• complete the Authorization to Disclose Health Information, CSO-1038A with the family in order to collaborate with providers;
• if there are any known service providers and/or services in place, ask the family for the provider’s contact information and agreement to collaborate with the provider; and
• offer concrete resources for identified needs.

If initial in-person contact is unsuccessful, the DCS Specialist will make additional attempts to contact the family including but not limited to:

• calling all listed phone numbers, including schools, day care, relatives/kin, etc.;
• making additional in-person attempts to contact the family; and
• contacting the DCS Specialist that completed the investigation for assistance, such as the best method to contact the family (phone call, text, email), effective strategies utilized to engage the family, schedule time to meet with the family together to re-engage them, etc.

Contact with Children and Parents/Caregivers

The assigned DCS Specialist must have monthly face-to-face contact with the child(ren) and parents, guardians, and/or custodians. More frequent face-to-face contact and/or telephone contact from the DCS Specialist between required monthly contacts may be necessary based on the case circumstances. See Contact with Children, Parents and Out-of-Home Caregivers.

Case Planning

The DCS Specialist must develop an individualized, family-centered, written case plan for every child, youth, and family receiving ongoing services from the Department. See Developing and Reassessing the Family-Centered Case Plan.

The DCS Specialist will ensure that sufficient information is gathered during the Exploration stage to develop a family-centered case plan that will strengthen the family’s protective factors, enhance caregiver protective capacities, and reduce the risk of future abuse or neglect. See Supervision Handbook regarding Exploration activities.

The DCS Specialist will schedule a case plan staffing to develop a written case plan, at a time and location that is convenient for the family.

The family and service team should be actively involved in case planning, to include:

• assessment and identification of family strengths and protective capacities;
• identification of behavioral changes necessary to enhance protective capacities and/or protective factors;
• identification of services and supports recommended to achieve the identified behavioral changes; and
• assessing the family’s progress.

The DCS Specialist will refer the family for services and supports identified in the case plan in order to enhance diminished caregiver protective capacities, strengthen family protective factors, and reduce the likelihood of future abuse or neglect. See Developing and Reassessing the Family-Centered Case Plan.

Services are available through a referral to:

• community organizations and agencies;
• faith-based and family support networks; and
• DCS contracted services.

To request specific DCS contracted services, complete the Request for Services.

Family Engagement Efforts

When a parent, guardian, and or custodian is unwilling or unable to participate in achieving case plan goals, the Department must continue to make reasonable efforts to engage the parent, guardian and/or custodian in the process. These efforts include but are not limited to:

• reviewing previous efforts made to engage the family and the family’s response to those efforts;
• identifying any reason(s) known as to the family’s lack of engagement in achieving case plan goals;
• consulting with the DCS Supervisor and Unit Consultant to identify assessments or services to be provided to the family;
• reassessing the level of oversight required by DCS and/or court;
• informing the family of any changes to agency or court oversight; and
• when applicable, discussing options for adjustment to the DCS case plan, referring to other DCS contracted services, and assisting the family to access community resources and/or change-focused interventions.

Assessing Progress

During monthly contacts, reassess the family’s progress toward achieving the outlined behavioral changes in the case plan. Consider each parent, guardian, and/or custodian’s engagement in services and supports, and whether the services and supports identified in the case plan are promoting the desired behavioral changes.

To determine whether the positive change is occurring within the family, reevaluate the family’s protective factors. The protective factors are:

• social and emotional competency of children;
• social connections;
• concrete support in times of need;
• knowledge of parenting and child development; and
• parental resilience.

Refer to Protective Factors Framework for guidance on evaluating protective factors.

If the information gathered indicates that a situation or adult behavior in the household could pose a safety threat to a child, collect additional information to explore the area of concern.

Make a report to the Child Abuse Hotline and conduct a separate Family Functioning Assessment of this household if the information collected reveals new or previously unreported incidents of abuse or neglect, or possible safety threats in the household. See Family Functioning Assessment – Investigation.

At any point in time, if any child in the home is observed to be in present danger, the DCS Specialist must implement a present danger plan that controls the present danger prior to leaving the child or family. See Present Danger Assessment and Planning.

Conduct a case plan staffing to assess the progress made toward enhancing the caregiver protective capacities and/or protective factors to reduce the risk of future abuse or neglect. If the assessment indicates that:

• identified behavior changes and protective factors have been adequately addressed, outcomes have been achieved, and the child is safe at home; complete an Aftercare Plan with the family and close the case;
• the child appears to be unsafe in the current situation; immediately implement a safety plan following policy and procedure outlined in Safety Planning; complete an FFA as required in Family Functioning Assessment – Progress Update; or
• case circumstances indicate that court oversight is necessary; file a petition with juvenile court.

Closing a Case with Children Identified as Safe

A case with children identified as safe may be closed when:

• The parent recognizes the circumstances that cause the child to be at risk of abuse or neglect and has enhanced caregiver protective capacities and/or strengthened protective factors to reduce the risk of future abuse or neglect.
• The child is currently safe in the home and the caregiver’s progress toward enhancing caregiver protective capacities and/or strengthening protective factors is sufficient to lead the DCS Specialist and DCS Program Supervisor to believe that the child will be safe at home in the foreseeable future and the risk of another report to DCS is low.
• The parent is involved and actively engaged with extended family members, community support networks or service providers who will be able to help the family maintain these changes over time.
• The parent knows how and where to access help if problems arise in the future.
• The child has been placed, as arranged by the parent, guardian or custodian, in an alternate, safe, permanent, legal placement with a relative, non-custodian parent, or other custodian.
• The follow-up services needed by the relative, non-custodial parent or alternate caregiver to continue to meet the child’s needs have been established.

Prior to case closure:

• Confirm that the parent, guardian, or custodian is aware of available financial and non-financial services and eligibility requirements.
• Confirm the parent, guardian, custodian or caregiver has access to needed services through Department or community resources.
• Assist the parent, guardian, custodian or caregiver to complete the necessary applications for services.
• Confirm that the parent has extended family members or community support networks that can assist them if difficulties arise.
• Confirm that the parent knows how and under what circumstances to seek help in the future.

Prior to case closure, the DCS Specialist will document the outcome of services and an assessment of the enhanced caregiver protective capacities and strengthened protective factors in the Aftercare Plan.

Follow policy and procedures in Aftercare Planning and Services when the decision has been made to close the case.

Efforts to Locate Prior to Closing an In-Home Case with Safe Children

If the child and family cannot be located, the DCS Specialist will make reasonable efforts to locate the child and family as follows:

• Make at least three (3) attempts to locate the alleged child victim(s) and any other children in the home through home visits at different times of day and on different days.
• Send a certified letter to the family’s last known address.
• Contact people who may have information about the location of the child victim or family, such as known relatives, the reporting source, the landlord, and the tribe if applicable.
• Review the Family Assistance Administration (FAA) AZTECS database to determine if a current address is available for the child and the child’s family.
• Contact the County Jail and the Department of Corrections if the DCS report or other information indicates current or recent incarceration.

Prior to approving case closure, the DCS Program Supervisor will confirm that sufficient efforts to locate were made.

Documentation

Document in Notes, contacts with the following persons:

• family members;
• Department personnel;
• members of the service team;
• tribal social services representatives; and/or
• other service team members regarding the case.

Documentation of contacts should include information on dates, places, individuals involved, and the nature of the contact, and provide a factual summary of the following:

• assessment of the parent’s behavioral changes;
• observations of the family’s interactions; and
• observations of the environment.

Document all conversations with the family regarding caregiver protective capacities and protective factors that may be strengthened and include information on community-based or Department provided service referrals.

The DCS Specialist will document all services provided to the family (via DCS or another agency/source) including:

• type of service or service name, including:
  • services the family is already involved in prior to DCS (e.g., counseling through the RBHA, DDD services, etc.);
  • referrals by the DCS Specialist to any community-based agency (e.g., parenting classes, food boxes, etc.), and;
  • any referral to services directly provided by DCS or DES (e.g., DES childcare, Building Resilient Families, S.E.N.S.E. program, etc.);
  • date of referral; and
• outcome of services.

File copies of all assessments, treatment records, monthly reports, and other related documents in the hard copy record.

File a copy of service requests in the hard copy record.

File a copy of each of the following Supervision documentation tools in the hard copy record:

In-Home Preparation and Introduction Supervision Documentation, DCS-2179

In-Home Exploration Supervision Documentation, DCS-2180A

In-Home Case Planning Supervision Documentation, DCS-2180B

In-Home Progress Update Supervision Documentation, DCS-2181

In-Home Aftercare Supervision Documentation, DCS-2182

Document all face-to-face visits with the child and parent/caregiver, in the Notes tab.

If a Courtesy DCS Specialist is responsible for making the ongoing monthly face-to-face visits, assign the DCS Specialist with ongoing responsibility for the monthly visits to the case.

Effective Date: July 26, 2021

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/03%20Case%20Planning%20and%20Services/02%20Family%20Functioning%20Assessment%20-%20Ongoing/CH_S02_1%20FFA_O.htm

Chapter 3 : Section 2.1

Family Functioning Assessment – Ongoing

Procedures

The DCS Specialist conducts the Family Functioning Assessment – Ongoing (FFA – Ongoing) to identify enhanced and diminished protective capacities that are directly related to the identified impending danger threat(s). The DCS Specialist conducts the FFA – Ongoing to assess the following:

• whether or not the safety plan is sufficiently managing impending danger threats in the least intrusive way possible;
• the relationship between the identified impending danger threat(s) and currently diminished protective capacities;
• the parent’s, guardian’s, or custodian’s perspective or awareness regarding danger threats and their relationship to diminished protective capacities;
• the parent’s, guardian’s, or custodian’s readiness for change;
• the areas of disagreement between the parents, guardians, and/or custodians and the Department regarding what needs to change;
• how existing protective capacities can be built upon in order to make needed behavioral changes; and
• the change actions, services, and activities that will be used to enhance diminished protective capacities.

The DCS Specialist conducts the FFA – Ongoing through contacts with the parents, guardians, and/or custodians, in order to guide a mutual understanding of what must change for the parents to regain responsibility for the care and safety of the child. See High Quality Parent Contacts.

While the child is assessed as unsafe and the safety plan remains active, the DCS Specialist will actively manage child safety and continuously gather information to assess progress made toward enhancing diminished protective capacities and eliminating the impending danger threats identified in the Family Functioning Assessment – Investigation. The DCS Specialist gathers the information through contacts with the parents, the child(ren), extended family, the out-of-home caregiver, case participants, and other service team members.

If a parent, guardian, and/or custodian whose whereabouts were previously unknown is located after a case has been opened for services, the DCS Specialist will gather information about the person and the household through interviews, in-person observations, and applicable background checks. If the information gathered indicates that a situation or adult behavior in the household could pose a safety threat to a child, collect additional information to explore the area of concern. Make a report to the Child Abuse Hotline and conduct a separate Family Functioning Assessment of this household if the information collected reveals new or previously unreported incidents of abuse or neglect, or possible safety threats in the household. See Family Functioning Assessment – Investigation.

Conduct the Family Functioning Assessment based on the child remaining in the home or the child’s return to the parents, guardians, and/or custodians.

If there are indications that the child is a victim of sex trafficking and/or commercial sexual exploitation, a new report should be made to the Hotline and Law Enforcement.

The FFA – Ongoing process is completed in four stages:

Stage 1: Preparation

Stage 2: Introduction

Stage 3: Exploration

Stage 4: Change Strategy and Case Planning

Each stage has a distinctly defined purpose and procedure.

There is no set amount of time for the completion of each stage. As the purposes of one stage are completed, proceed to the next stage.

Of the four stages, all but the first require face-to-face contact with parents, guardians and/or custodians, children, and others. A family will not always require three interviews or meetings to complete the stages of the FFA-Ongoing. Additional or fewer meetings may be needed.

The transition from one stage of the process to the next should evolve smoothly between identifying needs (diminished protective capacities), strengths (enhanced protective capacities), and solutions (actions, services, and activities).

Stage 1: Preparation

The DCS Specialist conducts preparation activities to identify information gaps and develop plans for the first meeting with the family following case transfer to ongoing services. During the preparation stage, the DCS Specialist:

• becomes as informed as possible about information already known about family functioning;
• learns about the family’s involvement with, and response to, past and current DCS and service interventions;
• assesses the adequacy of the safety plan (for more information see Safety Planning);
• identifies information gaps that must be filled, and discrepancies that must be reconciled; and
• identifies strategies for family engagement.

To the extent possible, preparation activities should be completed prior to the initial meeting with the family following case transfer. The DCS Specialist will conduct the following preparation activities:

• Review historical information in Guardian including prior reports and the outcome of prior case episodes.
• Review information gathered through the current investigation, including the FFA – Investigation.
• Identify any gaps in information related to impending danger, the rationale for the safety plan option chosen, and efficiency of the safety actions to control the danger.
• Identify the household composition.
• Identify which household members have a caregiver role and should be assessed in the Family Functioning Assessment process.
• Identify household members or others who do not have a caregiver role, but who may provide a support to the family, including any significant other of the caregiver, extended family members, and persons with significant relationship to the child such as teachers, coaches, neighbors, other family support persons, or service providers.
• Identify any professional records that should be obtained, or interviews conducted with persons/professionals formerly involved with the parent/caregivers, to further understand what is known, and what additional information needs to be learned.
• Identify the specific enhanced and diminished protective capacities that are, are not, or might be impacting child safety.
• Develop general areas of inquiry/discussion questions based upon the assessment of relevant protective capacities.
• If the child is a registered or eligible member of a Native American Tribe:
  • Involve the child’s tribe as soon as possible in the assessment and planning process.
  • If the child is a temporary or adjudicated court ward, and the tribe has not been notified, immediately notify the tribe of the child’s legal custody status.
  • Explore available services of the tribe that may address the safety and cultural needs of the child.
  • Assist the tribe in determining the tribe’s ability to assume custodial care or offer services or placement assistance for the tribe (See Indian Child Welfare policy for more information involving Indian Children).

The DCS Specialist will coordinate the timing, location, and circumstances of the initial meeting with the parent, guardian, and/or custodian, including the following:

• the location of the meeting, which should be the most family-like setting possible;
• the day and time of the meeting, based on the family’s schedule (work/school/services/visitation) and access to transportation;
• when domestic violence has been identified as present in a family, a plan to have separate meetings with the parent, guardian, or custodian.

The DCS Specialist is responsible for overseeing the safety plan. At the point of case transfer, the DCS Specialist will make contact with the responsible adult(s) assigned to review outlined safety actions and confirm roles and responsibilities.

Stage 2: Introduction

During the introduction stage, the DCS Specialist focuses on building a positive working relationship with the parent, guardian and/or custodian by building rapport, setting the stage for establishing a partnership, providing information, and allowing the parents, guardians, and/or custodians to express themselves. Allow parents, guardians, and/or custodians to express their thoughts about what has happened up to this point and their plans for future involvement with DCS. This is critical to the ability to co-construct meaningful case plan outcomes and strategies for change.

The DCS Specialist’s initial discussions with the family are intended to help transition the family from the investigation to continued case management. Introduction activities should occur with the parents, guardians, and/or custodians, and to the extent possible and in an age-appropriate manner, the child. During the initial meeting with the family:

• Explain the role of the DCS Specialist and expectations regarding communication and contact, including expectations of the family members, and what the family can expect from the DCS Specialist.
• Be open and clear about the agency’s objective and desire to work in partnership with the family to understand and address the reasons for the Department’s current involvement with their family, due to identified safety threats to the child.
• Discuss and explain the role of service providers and expectations for communication between the family, service providers, and the DCS Specialist.
• Ask about the family’s understanding and perspectives as to conditions and/or circumstances that led to current agency involvement:
  • Determine if the parents, guardians, and/or custodians know and understand the identified safety threat(s). If not, clearly explain the identified threat(s) and the reason for DCS involvement (danger statement).
  • Determine if the parents, guardians, and/or custodians deny the threat, are in partial agreement, or are in nearly complete agreement.
  • If needed, help them understand specifically what is making the child unsafe.
  • Provide clear, honest answers to the family’s questions.
• Review the safety plan with the parents, guardians, and/or custodians, and:
  • explain the DCS Specialist’s responsibility to manage the safety plan and provide oversight to monitor that it is being followed and sufficient;
  • determine if all the elements described in the plan are happening or not happening; and
  • ask how the plan is working from the perspective of the child(ren) and the parents, guardians, and/or custodians.
• If Conditions for Return have been defined, gather input from the parents, guardians, and/or custodians as to what would need to happen to assist them with achieving the conditions.
• Explain the difference between a safety plan and a case plan.
• Explain what to expect during the ongoing case management and case planning process, including frequency of court hearings, case plan staffings, and time frames for permanency planning.
• Provide opportunities for family members to discuss their concerns, ask questions, and receive answers.
• Explain what the family can expect during the assessment that will occur in the next contacts (the Exploration phase of the Family Functioning Assessment – Ongoing).
  • If one or more of the parents, guardians, and/or custodians are unwilling to commit to the assessment process, the DCS Specialist should try to gain additional information and discuss the reasons they are unwilling to participate in the process.
  • The DCS Specialist should seek to find some areas of mutual agreement such as meeting their child’s needs, which can serve as a point of further discussion or allow for some collaborative planning between the parents, guardians, and/or custodians and the DCS Specialist.
• Gather additional and clarifying information about family functioning in the areas of child functioning on a daily basis, adult functioning on a daily basis, general parenting practices, and discipline and behavior management.

Conclude the Introduction stage by seeking a commitment from parents, guardians, and/or custodians to participate in the FFA – Ongoing process and in case planning. Ask for their continued participation, express appreciation for their participation, and reaffirm a desire for a collaborative partnership. Whenever possible, set the date, time, and place of the next contact.

If at any time the DCS Specialist identifies or observes the safety plan to be insufficient to control the danger, the safety plan must be immediately revised.

More than one meeting might be required to achieve the purpose of introduction activities, especially for families with multiple challenges.

Stage 3: Exploration

During the exploration phase, the DCS Specialist jointly explores with the parents, guardians, and/or custodians what must change in order for the family to achieve a safe, stable, and permanent home for the child(ren), ultimately allowing for case closure. This phase facilitates the identification of the enhanced protective capacities (strengths) and diminished protective capacities (needs) directly related to the identified safety threats. This stage concludes with the DCS Specialist assisting the parents, guardians, and/or custodians in raising self-awareness, and in recognizing the parent’s, guardian’s, and/or custodian’s motivation for change, alleviating any fears or misconceptions, and determining what actions, services, and activities the parents, guardians and/or custodians are ready and willing to participate in to increase their protective capacities.

During the exploration phase, the DCS Specialist gathers deeper information about child functioning, adult functioning, parenting practices, discipline practices, caregiver protective capacities, and the relationship of all to the identified danger threats. Refer to Family Functioning Assessment – Investigation and Family Functioning Assessment – Field Guide, DCS-1639 for additional information regarding the domains of family functioning.

The DCS Specialist will meet and have discussions with the parents, guardians, and/or custodians to identify the diminished protective capacities that have resulted in their inability to protect the child from danger and complete the following:

• Explain the concept of protective capacities in a way they can understand, providing examples.
• Share and discuss their protective capacity, seeking the parent, guardian, and/or custodian’s assessment of their own protective capacities.
• Encourage them to offer their perspective as to which diminished protective capacities led to an unsafe child.
• As necessary, help them understand specifically what makes the child unsafe by discussing with the family the current family behaviors, conditions, and circumstances that are creating danger threats and explore the following:
  • information about how the family functions in the areas of child functioning, adult functioning, general parenting practices, discipline and behavior management;
  • changes in the family that creates the unsafe situation; and
  • examples of what has/hasn’t worked in the past around that change.
• Seek to reach agreement as to which diminished protective capacities directly impact child safety. If the parents, guardians, and/or custodians are unable or unwilling to offer their perspective, offer suggestions as to which protective capacities may be diminished and ask for feedback.
• Identify family strengths, supports, and existing protective capacities that contribute to child protection. Ask the parents, guardians, and/or custodians to identify strengths about themselves as individuals and in their caregiving role.
• Explore what they might do to enhance protective capacities and improve diminished protective capacities.

Child Well-Being Indicators

The DCS Specialist continuously assesses child functioning, which includes specific indicators of child well-being. The Child Well-Being Indicators will be assessed throughout the family’s involvement with the Department, to identify child needs that must be addressed in the child’s case plan.

During the FFA – Ongoing, the DCS Specialist will use all information gathered about child functioning to evaluate each of the Child Well-Being Indicators and identify child needs that should be the focus of case plan services and interventions. The DCS Specialist will assess child functioning and the Child Well-Being Indicators by:

• talking about child functioning, including current well-being strengths and needs, with the child’s parents, guardians, and/or custodians and other involved caregivers, service providers, and the child if age appropriate; and
• observing parent-child, sibling, and other family interactions to assess protective capacities and child needs.

Scaling Criteria

Each indicator is rated as Excellent, Acceptable, Some Attention Needed, or Intensive Support Needed. An Excellent or Acceptable rating reflects that a child is doing well in that area. A Some Attention Needed or Intensive Support Needed rating reflects that a child is not doing well and requires attention.

The common criteria applied to each individual rating are:

• Excellent – Child demonstrates exceptional ability in this area.
• Acceptable – Child demonstrates average ability in this area.
• Some Attention Needed – Child demonstrates some need for increased support in this area.
• Intensive Support Needed – Child demonstrates need for intensive support in this area.

Refer to Child Well-Being Indicators On-Going Scaling Reference Guide, DCS-1594 for the specific scaling criteria for each indicator that the DCS Specialist will use each time the FFA is updated. The Child Well-Being Indicators are defined as follows and should be assessed based on each child’s age, ability and developmental level:

• “Emotion/trauma” means the degree to which the child is displaying a pattern of appropriate self-management of emotions.
• “Behavior” means the degree to which the child is displaying appropriate coping and adapting behavior.
• “Development /Early Learning” means that the child is achieving expected developmental milestones in key child development domains.
• “Academic Status” means the child is actively engaged in instructional activities; reading at grade level or IEP expectation level; and meeting requirements for annual promotion and course completion leading to a high school diploma or equivalent or vocational program (this applies to school-aged children).
• “Positive Peer/Adult Relationships” means that the child demonstrates adequate positive social relationships.
• “Family Relationships” means that the child demonstrates appropriate patterns of forming relationships with family members.
• “Physical Health” means that the child is achieving and maintaining positive health status which includes physical, dental, audio and visual assessments and services. If the child has a serious or chronic health condition, the child is achieving the best attainable health status given the diagnosis and prognosis.
• “Cultural Identity” means that important cultural factors such as race; class; ethnicity; religion; tribal affiliation; gender, gender identity, gender expression and sexual orientation; and other forms of culture are appropriately considered in the child’s life.
• “Substance Awareness” means that the assessment of substance awareness is multi- dimensional. First, the assessment includes the child/youth’s awareness of alcohol and drugs, and their own use. Second, for children who have experienced the negative impact of parental substance misuse within their home, the assessment includes their awareness of alcohol and drugs and treatment/recovery for their parent, guardian, and/or custodians.
• “Preparation for Adult Living Skill Development” means that the child is gaining skills and competencies in preparing for adulthood, in areas such as education, work experience, building long-term relationships and connections, managing income, and housing/home management. Also includes adolescent sexual health and awareness. (This applies only to children 14 and over.)

Caregiver Protective Capacities

The DCS Specialist will use all information gathered in the domains of family functioning in order to update, evaluate, and rate progress in each of the caregiver protective capacities using a four-point scale. Refer to Family Functioning Assessment – Investigation for additional information regarding assessment of the caregiver protective capacities. The ratings of caregiver protective capacities are used to identify those that need to be the focus of behavioral change goals and interventions in case planning.

Scaling Criteria

Each caregiver protective capacity is rated as Excellent, Acceptable, Some Attention Needed, or Intensive Support Needed. An Excellent or Acceptable rating reflects that a parent, guardian, and/or custodian is doing well in that area. A Some Attention Needed or Intensive Support Needed rating reflects that a parent, guardian, and/or custodian requires attention in that area.

The common criteria applied to each individual rating are:

• Excellent – Caregiver demonstrates exceptional ability in this area.
• Acceptable – Caregiver demonstrates average ability in this area.
• Some Attention Needed – Caregiver demonstrates some need for increased support in this area.
• Intensive Support Needed – Caregiver demonstrates need for intensive support in this area.

Refer to the Caregiver Protective Capacities On-Going Scaling Reference Guide, CSO-1588 for specific rating criteria for the individual caregiver protective capacities.

Developing the Danger Statement

The DCS Specialist will review with the parents, guardians, and/or custodians the identified danger threats and re-evaluate if they are denying the presence of danger threats, are in partial agreement, or are in near complete agreement.

The DCS Specialist will co-construct the Danger Statement with the parents, guardians, and/or custodians when possible. The danger statement is a behaviorally based statement in very clear, non-judgmental language, which states the following:

• what the parent’s, guardian’s, and/or custodian’s actions were;
• what the impact was/is on the child(ren); and
• what potential severe harm may happen to the child(ren) in the future.

The DCS Specialist will ensure that the Danger Statement (to the fullest extent possible):

• is simple enough so the youngest person in the family with the ability to comprehend can understand; and
• is in the family’s language as it serves as the framework for effective safety planning and case planning.

Identifying Readiness for Change

The DCS Specialist will work with the parents, guardians, and/or custodians to assess their readiness for change after all of the activities to gather information from the family are conducted, and the protective capacities that resulted in the identified danger threats are assessed and scaled. Knowing the stage of change a parent is currently experiencing will guide the Department’s efforts to help the parents, guardians, and/or custodians move forward through the Stages of Change. See Parent Readiness for Change for additional information on assessing a parent/guardian’s readiness for change.

The Stages of Change are as follows:

• Pre-contemplation: The parent, guardian, and/or custodian has no perception of having a problem or a need to change and is not aware that life can be improved if they change their behaviors.
• Contemplation: There is an initial recognition that behavior may be a problem and ambivalence about change. A parent, guardian, and/or custodian may start to gather information about possible solutions.
• Preparation: The parent, guardian, and/or custodian desires change and makes a conscious determination to change. A motivator for change is identified.
• Action: Parents, guardians, and/or custodians take steps to implement change.
• Maintenance: A parent, guardian, and/or custodian actively works on sustaining change strategies and maintaining long term change.

Engaging the Parents, Guardians, and/or Custodians

When a parent, guardian, and/or custodian is unable or unwilling to engage in these discussions and the change process, or there is disagreement about the reason for the Department’s involvement or what needs to change, the DCS Specialist will continue to actively seek the parent, guardian, and/or custodian’s engagement and recognition of the danger, and exploration of diminished protective capacities. Refer to High Quality Parent Contacts and Parent Readiness for Change for more information on engagement strategies.

When a parent, guardian, and/or custodian misses scheduled appointments, decreases or stops attending services and/or visitation, or shows other signs of disengaging from the case planning and change process, the DCS Specialist will make diligent efforts to engage the parent, guardian, and/or custodian in the following ways:

• Attempt contact by phone, email, letter, and unannounced home visits. If they do not respond to other attempts at contact, try to locate them at other probable locations.
• Talk with them to seek input about any barriers to participation in the family assessment, case planning, and change process.
• Frequently and actively re-invite their participation.
• Continue to work toward establishing a partnership by stating the DCS Specialist’s desire and need for their perspectives, ideas, and input.
• Interview other persons who know them to elicit suggestions for engaging them.

Stage 4: Change Strategy and Case Planning

The DCS Specialist will work with the parents, guardians, and/or custodians in order to prioritize what must change and create an individualized case plan, and:

• Review the relationship between the identified safety threat(s) and the diminished protective capacities.
• Discuss what behavior, conditions, or circumstances must exist to manage or remediate the identified safety threat(s).
• Seek agreement regarding which diminished caregiver protective capacities should be prioritized to include in the case plan.
• Consider and identify the specific needs of each child that must be addressed in the case plan.
• Document the expected outcomes in behavioral change terms that can be measured. See Developing and Reassessing the Family-Centered Case Plan for more information on developing behavioral change goal statements.
• If an agreement cannot be achieved, be clear about what the Department expects to change in relation to the impending danger threat(s) and how specific actions, activities, supports, and services in the case plan can be helpful to the family and ultimately the child.
• Schedule a case plan staffing according to procedures in Developing and Reassessing the Family-Centered Case Plan.

Evaluating Safety Plan Sufficiency and Progress toward the Conditions for Return

The DCS Specialist, in consultation with the DCS Program Supervisor, will identify existing impending danger threat(s) within the family, the sufficiency of the current safety plan, and if applicable, the written Conditions for Return. The DCS Specialist will do the following:

• Review the updated information about the six domains of family functioning and determine whether or not a threat of danger exists.
• Determine whether the child is in impending danger by applying the five safety threshold criteria. All five criteria must be met for at least one identified safety threat in order to determine a child is in impending danger. For more information, see Family Functioning Assessment-Investigation and Family Functioning Assessment-Field Guide, DCS-1639.
  • If information gathered during this process indicates that a child previously assessed as unsafe is now safe, consult with a DCS Program Supervisor to identify the appropriate level of services to be provided or recommended to the family. See Providing Case Management and Services for Families with Children Assessed as Safe. If case closure is appropriate, see Aftercare Planning and Services.
• Determine if the current safety plan is the least intrusive option sufficient to control the impending danger safety threat(s).
  • Review the in-home safety analysis questions to determine whether an in-home safety plan can be implemented or should continue.
  • If the safety plan is not sufficient to manage the danger threat(s) and circumstances indicate that a more restrictive safety plan is needed to manage the danger threat(s), convene a Safety TDM. See Safety Planning and Team Decision Making for more information.
• If applicable, review the Conditions for Return and determine if the conditions provide in sufficient detail what needs to occur for a sufficient, feasible, and sustainable in-home safety plan to be implemented. If the Conditions for Return will be changed or updated:
  • consult with the DCS Program Supervisor to discuss the recommended changes;
  • meet with the family to explain the changes; and
  • provide the updated Conditions for Return in writing to all parties involved in the case.
• If Conditions for Return have been met and the child can return home with an in-home safety plan or the child is assessed as safe, convene a Permanency TDM. See Team Decision Making for more information.

Documentation

Document the conclusions of the FFA – Ongoing for each applicable household.

The DCS Specialist should document contacts with case participants and case collaterals in Notes.

Document relevant contacts, observations, behaviors, conditions, circumstances and activities of the family in Notes.

The DCS Specialist will document the Danger Statement in the Reason for DCS Involvement section of the Case Plan.

 

Effective Date: February 1, 2021

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/03%20Case%20Planning%20and%20Services/02%20Family%20Functioning%20Assessment%20-%20Ongoing/CH_S02_2FFA_PU.htm

Chapter 3 : Section 2.2

Family Functioning Assessment – Progress Update

Procedures

Family Functioning Assessment – Progress Update

The DCS Specialist conducts the Family Functioning Assessment (FFA) – Progress Update in order to evaluate the parent, guardian, and/or custodian’s progress toward enhancing the diminished protective capacities and eliminating the impending danger threats identified in previous Family Functioning Assessments.

The FFA – Progress Update analysis shall:

• provide an evaluation and scale progress of each child’s well-being indicators;
• provide an evaluation and scale each parent’s, guardian’s, or custodian’s progress toward behavioral changes and enhanced protective capacities;
• inform decisions surrounding the sufficiency of the safety plan, including whether or not the Conditions for Return have been met for a child in out-of-home care or need to be changed;
• inform the safety determination of the child(ren), including any determination that a safety threat no longer exists because the parent, guardian, or custodian has successfully enhanced the necessary protective capacities to manage the danger threat; and
• inform the case plan, including any change to case plan goals or services, parenting time (visitation), or the permanency goal.

Based on the results of the FFA – Progress Update, the DCS Specialist will:

• determine if the impending danger threats in the home are being sufficiently managed in the least intrusive way possible;
• determine if the services being provided as part of the case plan to enhance parental protective capacities are effective and sufficient;
• determine if the parent’s, guardian’s and/or custodian’s perspective or awareness of the danger threats and diminished protective capacities has shifted; and
• engage the family and service team to make adjustments to the case plan and safety plan, as needed.

An FFA – Progress Update is not completed for Adoption and ICPC case types.

Conducting the FFA – Progress Update

The DCS Specialist engages in ongoing communication and partnership with the family, team members, and the court (if applicable) to effectively evaluate family progress. The DCS Specialist conducts the FFA – Progress Update through high quality contacts with the parents, guardians, and/or custodians in order to guide a mutual understanding of what must change for the parents to regain responsibility for the care of the child.

The DCS Specialist will continuously gather information to understand:

• what conditions must change to achieve lasting child safety and permanency;
• changes in family dynamics that indicate a need for changes in safety management;
• the extent of progress towards enhancement of child functioning and caregiver protective capacities;
• whether the behavioral change goals and outcomes of the case plan remain appropriate or have been met; and
• whether the strategies, services, and interventions are working effectively, including cultural considerations that may impact the family’s engagement in services.

The DCS Specialist prepares for the FFA – Progress Update by:

• reviewing the prior Family Functioning Assessment(s);
• gathering additional and clarifying information about family functioning, including child functioning, adult functioning, general parenting practices, and discipline and behavior management through contact with:
  • parents, guardians, and/or custodians;
  • child(ren);
  • extended family members;
  • out-of-home care providers;
  • other household members;
  • collateral contacts; and
  • service providers and other team members;
• reviewing service provider reports;
• analyzing the information to assess progress related to:
  • the enhancement of parental protective capacities; and
  • alleviating any previously identified impending danger threat(s); and
• assessing the presence of any additional danger threat(s).

If a parent, guardian, and/or custodian whose whereabouts were previously unknown is located after a case has been opened for services, the DCS Specialist will gather information about the person and their household through interviews, in-person observations, and applicable background checks. If the information gathered indicates that a situation or adult behavior in the household could pose a safety threat to a child, collect additional information to explore the area of concern. Make a report to the Child Abuse Hotline and conduct a separate Family Functioning Assessment of this household if the information collected reveals new or previously unreported incidents of abuse or neglect, or possible safety threats in the household. See Family Functioning Assessment – Investigation.

Conduct the Family Functioning Assessment based on the child remaining in the home or the child’s return to a parent, guardian, and/or custodian.

If there are indications that the child is a victim of sex trafficking and/or commercial sexual exploitation, a new report should be made to the Hotline and Law Enforcement.

Child Well-Being Indicators

The DCS Specialist continuously assesses child functioning, which includes specific indicators of child well-being. The Child Well-Being Indicators will be assessed throughout the family’s involvement with the Department, to identify child needs that must be addressed in the child’s case plan.

During the FFA – Progress Update, the DCS Specialist will use all information gathered about child functioning to evaluate progress in each of the Child Well-Being Indicators and identify child needs that should be the focus of case plan services and interventions. Refer to the Family Functioning Assessment – Ongoing for additional information regarding assessment of the Child Well-Being Indicators.

The DCS Specialist will assess child functioning and the Child Well-Being Indicators by:

• talking about child functioning, including current well-being strengths and needs, with the child’s parents, other involved caregivers, service providers, and the child if age appropriate; and
• observing parent-child, sibling, and other family interactions to assess protective capacities and child needs.

Scaling Criteria

Each indicator is rated as Excellent, Acceptable, Some Attention Needed, or Intensive Support Needed. An Excellent or Acceptable rating reflects that a child is doing well in that area. A Some Attention Needed or Intensive Support Needed rating reflects that a child is not doing well and requires attention.

The common criteria applied to each individual rating are:

• Excellent – Child demonstrates exceptional ability in this area.
• Acceptable – Child demonstrates average ability in this area.
• Some Attention Needed – Child demonstrates some need for increased support in this area.
• Intensive Support Needed – Child demonstrates need for intensive support in this area.

Refer to Child Well-Being Indicators On-Going Scaling Reference Guide, DCS-1594 for the specific scaling criteria for each indicator

Caregiver Protective Capacities

The DCS Specialist will use all information gathered in the domains of family functioning in order to update, evaluate, and rate progress in each of the caregiver protective capacities using a four-point scale. Refer to Family Functioning Assessment – Investigation for additional information regarding assessment of the caregiver protective capacities. The DCS Specialist may change the protective capacities ratings identified in the FFA – Investigation. The ratings of caregiver protective capacities are used to identify those that need to be the focus of behavioral change goals and interventions in case planning.

Scaling Criteria

Each caregiver protective capacity is rated as Excellent, Acceptable, Some Attention Needed, or Intensive Support Needed. An Excellent or Acceptable rating reflects that a parent, guardian, and/or custodian is doing well in that area. A Some Attention Needed or Intensive Support Needed rating reflects that a parent, guardian, and/or custodian requires attention in that area.

The common criteria applied to each individual rating are:

• Excellent – Caregiver demonstrates exceptional ability in this area.
• Acceptable – Caregiver demonstrates average ability in this area.
• Some Attention Needed – Caregiver demonstrates some need for increased support in this area.
• Intensive Support Needed – Caregiver demonstrates need for intensive support in this area.

Refer to the Caregiver Protective Capacities On-Going Scaling Reference Guide, CSO-1588 for specific rating criteria for the individual caregiver protective capacities.

Identifying and Encouraging Readiness for Change

During the FFA – Progress Update process, the DCS Specialist will identify the parent’s, guardian’s, or custodian’s current readiness for change, using the Stages of Change. During contacts with the parent, guardian, or custodian, the DCS Specialist will make efforts to move the parent, guardian, or custodian forward through the Stages of Change. See Parent Readiness for Change for additional information.

The Stages of Change are as follows:

• Pre-contemplation: The parent, guardian, and/or custodian has no perception of having a problem or a need to change and is not aware that life can be improved if they change their behaviors.
• Contemplation: There is an initial recognition that behavior may be a problem and ambivalence about change. A parent, guardian, and/or custodian may start to gather information about possible solutions.
• Preparation: The parent, guardian, and/or custodian desires change and makes a conscious determination to change. A motivator for change is identified.
• Action: Parents, guardians, and/or custodians take steps to implement change.
• Maintenance: A parent, guardian, and/or custodian actively works on sustaining change strategies and maintaining long term change.

Engaging the Parent, Guardian, and/or Custodians

When the parent, guardian, and/or custodians are unable or unwilling to engage in these discussions or the change process, or there is disagreement about the reason for the Department’s involvement or what needs to change, the DCS Specialist will continue to actively seek the parent, guardian, and/or custodian’s engagement and recognition of the danger and exploration of diminished protective capacities. Refer to Family Functioning Assessment – Ongoing as well as High Quality Parent Contacts and Parent Readiness for Change for more information on engagement strategies.

Evaluating Safety Plan Sufficiency and Progress toward the Conditions for Return

The DCS Specialist, in consultation with the DCS Program Supervisor, will identify existing impending danger threat(s) within the family, the sufficiency of the current safety plan, and if applicable, the written Conditions for Return. The DCS Specialist will do the following:

• Review the updated information about the six domains of family functioning and determine whether or not a threat of danger exists.
• Determine whether the child is in impending danger by applying the five safety threshold criteria. All five criteria must be met for at least one identified safety threat in order to determine a child is in impending danger. For more information, see Family Functioning Assessment – Investigation and Family Functioning Assessment – Field Guide.
  • If information gathered during this process indicates that a child previously assessed as unsafe is now safe, consult with a DCS Program Supervisor to identify the appropriate level of services to be provided or recommended to the family. See Providing Case Management and Services for Families with Children Assessed as Safe. If case closure is appropriate, see Aftercare Planning and Services.
• Determine if the current safety plan is the least intrusive option sufficient to control the impending danger safety threat(s).
  • Review the in-home safety analysis questions to determine whether an in-home safety plan can be implemented or should continue.
  • If the safety plan is not sufficient to manage the danger threat(s) and circumstances indicate that a more restrictive safety plan is needed to manage the danger threat(s), convene a Safety TDM. See Safety Planning and Team Decision Making for more information.
• If applicable, review the Conditions for Return and determine if the conditions provide in sufficient detail what needs to occur for a sufficient, feasible, and sustainable in-home safety plan to be implemented. If the Conditions for Return will be changed or updated:
  • consult with the DCS Program Supervisor to discuss the recommended changes;
  • meet with the family to explain the changes (see Conditions for Return procedure for more information); and
  • provide the updated Conditions for Return in writing to all parties involved in the case, using the Safety Plan and Safety Plan Signature Page, CSO-1034B.
• If Conditions for Return have been met and the child can return home with an in-home safety plan or the child is assessed as safe, convene a Permanency TDM. See Team Decision Making for more information.

Recommending Changes in Parenting Time (Visitation)

When a child is in out-of-home care, visitation and parenting time opportunities must be evaluated for quality and frequency. See Parenting Time and Family Contact Plan.

Evaluation of Progress Toward Permanency

Based on the assessment of the parent’s progress towards achieving the desired behavioral change goals, the amount of time the child has been in out-of-home care (if applicable), and the child’s best interests, the DCS Specialist will, in consultation with the DCS Program Supervisor, determine whether to:

• continue efforts to achieve the current permanency goal;
• initiate concurrent planning activities, and/or add a concurrent permanency goal; or
• consider changing the permanency goal.

Refer to Selecting the Permanency Goal and Concurrent Planning for additional information.

When considering reunification of a child currently in out-of-home care, follow the procedures in Family Reunification. In addition to completing the FFA-Progress Update as outlined above, the DCS Specialist will:

• Complete a criminal records check of adult household members and all adults who have been identified as having caregiving responsibilities of the child in the home, as outlined in Kinship Care, within 10 days prior to the return of the child including:
  • a DPS Criminal History Records Check by submitting to DPS; and
  • a Public Records search (https://apps.supremecourt.az.gov/publicaccess/).

Conduct a visit to the home to observe the current conditions of the home.

For children with a permanency goal of APPLA, the DCS Specialist will complete the FFA – Progress Update:

• minimally every 90 days when parenting time (visitation) with the parent, guardian, and/or custodian is occurring;
• when considering whether to initiate or change current parenting time (visitation) (e.g. supervised to unsupervised); and
• when considering changing the permanency goal to reunification.

Documentation

Document the conclusions of the FFA – Progress Update for each applicable household.

Document contacts with case participants and case collaterals in Notes.

Document relevant contacts, observations, behaviors, conditions, circumstances, and activities of the family in Notes.

 

Effective Date: December 2, 2021

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Chapter 3 : Section 3

Developing and Reassessing the Family-Centered Case Plan

Procedures

Develop the initial written case plan with the family after completing the Family Functioning Assessment – Ongoing (for families with unsafe children), or after engaging with the family to discuss and explore the family’s Protective Factors (for families with safe children). See Family Functioning Assessment – Ongoing, Family Functioning Assessment – Progress Update and Providing Case Management and Services for Families with Children Assessed as Safe.

Explain the case planning process to the family during the introduction stage of the Family Functioning Assessment – Ongoing. During the FFA-Ongoing exploration stage, engage the parents, guardians, and/or custodians to identify the diminished protective capacities that have resulted in their inability to protect the child from danger. Address these diminished protective capacities in the initial written case plan.

If a Family Functioning Assessment is not required, meet with the family to explain the case planning process and to discuss and update the Protective Factors Framework (PFF). Engage the parents, guardians, and/or custodians to identify protective factors to be strengthened to reduce the likelihood of another report of abuse or neglect. Address these protective factors in the initial written case plan.

Arranging and Facilitating Case Plan Staffings

Preparation for the Staffing

Prior to a case plan staffing, the DCS Specialist should discuss the following with the parents, guardians, and/or custodians, and children invited to attend the staffing:

• what a case plan is;
• what a case plan staffing is;
• who DCS invites to the meeting;
• who the family may invite to the meeting;
• what happens at the meeting, including the types of decisions made;
• why attendance at the meeting is important; and
• how to prepare for the meeting.

Based on information gathered and conversations with the family during the exploration stage of the Family Functioning Assessment – Ongoing, develop a draft statement describing the reasons DCS is involved with the family (danger statement) and draft desired behavioral change statements.

Scheduling

Schedule the case plan staffing at a time and location that meets the needs of parents, guardians, and/or custodians, out-of-home care providers, and children. Schedule the case plan staffing with at least two weeks’ notice to allow attendees to make arrangements to attend. Inform service team members who cannot attend the case plan staffing in person that they may provide a written report, a verbal report, or participate by conference call. Arrange interpreter services if necessary.

Invitations

Invite the following service team members to participate in the case plan staffing:

• parents, guardians and/or custodians (see Case Plan Staffing Invitation for Parents, CSO-2860);
• child, if age 12 years or older (see Notice of Rights for Children and Youth in Foster Care, CSO-1141);
• extended family members identified as an active or potential resource/support;
• out-of-home caregiver;
• licensing worker if the out-of-home caregiver is a licensed foster family;
• service providers working with the family;
• tribal social service representative;
• tribal legal representative;
• Court Appointed Special Advocate (CASA);
• child’s and/or parent, guardian and/or custodian’s Regional Behavioral Health Authority (RBHA) case manager;
• child’s attorney and/or guardian ad-litem;
• parent, guardian and/or custodian’s attorney and/or guardian ad-litem; and
• Assistant Attorney General assigned to the case.

Inform youth who are age 14 years or older that they may invite two individuals selected by the child who are not the DCS Specialist or the foster parent to the case plan staffing. It is permissible to reject an individual selected by a youth to be a member of the case planning team at any time if there is good cause to believe that the individual would not act in the best interests of the child. One individual selected by a youth to be a member of the child’s case planning team may be designated to be the child’s advisor and, as necessary, advocate, with respect to the application of the Reasonable and Prudent Parent Standard to the child.

Invitees may also include:

• other significant individuals with whom the child may be placed or who have knowledge of or an interest in the welfare of the child;
• DCS Specialist’s supervisor;
• school personnel;
• law enforcement personnel including probation and parole officers; and
• other DCS personnel or contracted staff.

Identify services, strategies, and supports to assist the parent, guardian, and/or custodian(s) and family to achieve the desired behaviors identified in the case plan and remediate safety threats in the home. Tailor services to meet the specific needs of the family to eliminate the need for DCS involvement. See Family Functioning Assessment – Ongoing and Planning for Services and Supports to Achieve Permanency.

Case Plan Content

Reasons for DCS Involvement

If a child has been assessed as unsafe, document the reason for DCS involvement (danger statement) developed during the most recent Family Functioning Assessment (ensure all parents, guardians, and/or custodians are addressed, as applicable to the case).

The danger statement is a behaviorally based statement in very clear, non-judgmental language that states the following:

• What the parent, guardian, and/or custodian’s actions were.
• What the impact was/is on the child(ren).
• What the DCS Specialist is concerned about that could happen in the future without DCS intervention.

If a child has been assessed as safe, document a description of the diminished caregiver protective capacities to be enhanced and/or family protective factors to be strengthened through the provision of services.

Record the danger statement in the box labeled Reason for DCS Involvement.

Permanency

Select a permanency goal for all children, and identify an expected date of achievement. See Selecting the Permanency Goal.

A concurrent permanency goal must be established within six months of actively working with the family on both the reunification plan and concurrent planning activities. This applies to all children placed in out-of-home care with a permanency goal of family reunification when the prognosis of achieving family reunification is assessed as poor (unlikely to occur within 12 months of the child’s initial removal). See Concurrent Planning.

When a child has been in care for 10 months and the goal is family reunification, or a permanency goal has not been selected, the Program Manager shall attend the next clinical supervision discussion with the Program Supervisor and Specialist. Discuss and develop a plan together to move forward with reunification transition planning or a change of permanency goal. See Providing Strength Based Supervision.

When a child has a permanency goal or concurrent goal of adoption, specify the actions that will be taken to finalize the goal, including identifying an adoptive family. See Selecting an Adoptive Family.

Living Arrangement

Include the following information for children placed in Out-of-Home Care:

• Living arrangement type:
  • detention;
  • foster home;
  • group home;
  • non-relative;
  • relative;
  • residential treatment; and
  • runaway;
• whether or not the caregiver for the child is the least restrictive (most family-like) setting available;
• whether or not the caregiver is in close proximity to the home of the parent, guardian and/or custodian(s) when the case plan goal is reunification and if not, the reason(s) why;
• whether or not all siblings placed in out-of-home care are residing together; and
• description of how the caregiver is consistent with the best interests and special needs of the child.

Developing Behavioral Change Statements

In collaboration with the parent, guardian or custodian(s), and all service team members, develop behavioral change statements that describe the new desired behaviors. Include the behavior change statements in the case plan.

In families with children assessed as unsafe, the behavioral change statements are based on the diminished caregiver protective capacities identified during the exploration stage of the Family Functioning Assessment – Ongoing and describe the behaviors that will be observed when the diminished caregiver protective capacities have been enhanced. The desired behavioral changes indicate the positive behaviors or conditions that will result from the change.

In families with children assessed as safe, the behavioral change statements are based on the protective factors assessment and describe the behaviors and circumstances that will be observed when the family’s protective factors are strengthened and the likelihood of abuse or neglect is low.

Behavior change statements provide clear direction for change. Written behavioral change statements are:

• Understandable
  • the description of the desired behavior and its relationship to the reason for DCS involvement should be self-evident to the parent, guardian, and/or custodian and other service team members who may review the case plan; and, language should be absent of jargon, straightforward, and consistent with a parent, guardian, and/or custodian’s capacity to read and understand what is stated;
• Behaviorally Stated
  • they describe in positive terms how the parent, guardian and/or custodian would behave in order to demonstrate enhanced caregiver protective capacities that contribute to child safety and permanency;
• Specific
  • they are individualized based on the unique dynamics of the family, how impending danger is manifested, and which caregiver protective capacities are diminished;
• Measurable
  • in the sense of specifically defining what must change and/or exist related to caregiver thinking, feeling, and behaving;
• Achievable
  • they must be reasonable, not far-fetched, and not beyond the capacity and motivation a parent, guardian and/or custodian has or expresses;
• Relevant
  • they reflect how a parent, guardian and/or custodian’s thoughts, feelings, and behavior are interrelated and influence caregiver performance and the ability to behave protectively; and
• Timely
  • they are necessary for achieving progress, a priority related to what must change, and likely to contribute to timely change and additional change.

Record the desired family behaviors that were finalized at the case plan staffing for all parents, guardians, and/or custodians with a case plan goal of remain with family or family reunification.

Identifying Services, Supports, and Tasks to Include in the Case Plan

Using information gained through the completion of the Family Functioning Assessment, assessment of protective factors (when applicable), and engagement with the family, the DCS Specialist, parents, guardians and/or custodians, and other service team members decide together what will assist the family in making the necessary change. Explore the available intervention options with the parent, guardian and/or custodian(s) and consider their input to ensure services are culturally relevant and maximize the family’s self-determination and commitment to the process of change.

Services and supports for parents, guardians and/or custodians should be relevant to enhancing the specific diminished caregiver protective capacities or strengthening the family’s protective factors targeted in the behavioral change statements. Services and supports for children should be relevant to the needs identified by rating the Child Well-Being Indicators.

When a family is receiving Family Connections and/or Nurturing Parenting Program services, the DCS Specialist shall discuss with the family and service team the integration of the FC and/or NPP service plan into the case plan. See Parent Skill-Building Services.

A case plan staffing or court order is not required in order to add or change the services or supports provided to meet the needs of the child(ren), parent(s), and/or out-of-home caregiver(s). At any time a service or support is determined to be ineffective or an additional service becomes necessary, the DCS Specialist should discuss the change with the individual receiving the service and discuss the plan to modify the service or support.

List the agreed upon services to help the family for all parents, guardians, and/or custodians, or other adults who have a caregiving role. Services must be tailored to meet the specific needs of the family, and include services for the out-of-home caregivers where appropriate, to prevent removal of the child and/or reunify the family. See Planning for Services and Supports to Achieve Permanency.

Record the child’s needs as well as supports and services for children placed in out-of-home care to ensure that the child’s medical, educational, and psychological needs are addressed. Include the most recent information available regarding the child’s needs and the identified services to address the needs.

Include for each child, age or developmentally appropriate activities the child is participating or will participate in, and services or tasks to achieve this.

Education Plan & Educational Stability

Every child in out-of-home care shall have an Education Plan as a component of the case plan. For school-aged children placed in out-of-home care, describe the reasonable efforts that will be made to provide educational stability. The DCS Specialist will utilize the Education Plan to document the most recent information available regarding the child’s education status including:

• the name and address of the child’s school;
• the child’s educational status including child’s grade level, academic performance, special education services if applicable, attendance and any other relevant education information;
• indication of whether the child is attending school in their home school district; and if not the plans to help the child transition into the new school setting;
• any special needs of the child.

The DCS Specialist will attach the Education Plan to the completed Case Plan.

See Education Services for Children in Out-of-Home Care and Special Education and Early Intervention Services for Children in Out-of-Home Care.

Health Plan

Every child in out-of-home care shall have an individualized Health Plan as a component of the case plan. The DCS Specialist will utilize the Health Plan to document the most recent information available regarding the child’s health status including:

• name and address of the child’s healthcare providers;
• the child’s immunizations;
• the child’s known medical problems;
• the child’s known medication;
• any other relevant health information; and
• actions to ensure the child’s health needs are met.

The DCS Specialist will attach the Health Plan to the completed case plan.

Transition Plan

Complete the Transition Plan for all children age 14 and older, and for young adults age 18 and older participating in continued care through a voluntary agreement. See Services and Supports to Prepare Youth for Adulthood for more information on what to include in the Transition Plan. The DCS Specialist must complete the Transition Plan in the Transition to Adulthood tab and attach it to the completed Case Plan.

Family Contact Plan

For children placed in out-of-home care, describe the plan for visitation and other contact with parents, siblings, etc. Develop the Family Contact Plan in accordance with guidelines in Parenting Time and Family Contact Plan. The DCS Specialist must complete the Family Contact Plan and attach it to the completed Case Plan.

Case Plan Agreement

Explain to the service team that the case plan agreement signature sheet serves as acknowledgement that the DCS Specialist has reviewed the case plan with the family, other service team members, and participants.

Ask the family and other service team members in attendance at the case plan staffing to sign the case plan agreement, and note whether they agree or disagree with the plan.

Provide a copy of the case plan to all members of the service team, whether or not they attend the case plan staffing, within five days of completing the case plan staffing.

Reassessment of Case Plan

Using information gained through the completion of the Family Functioning Assessment, assessment of protective factors (when applicable), and engagement with the family, the DCS Specialist, parents, guardians and/or custodians, and other service team members reassess the case plan together:

• at least every 6 months; and
• at specified key decision points in the life of a case, including when a change in the permanency goal is considered or there is a significant change in case circumstances.

Confirm that services have been initiated as scheduled, and are addressing the needs of the family. Explore the effectiveness of the interventions offered with the parent, guardian and/or custodian(s) and consider their input to ensure services are culturally relevant and maximize the family’s self-determination and commitment to the process of change.

Although the case plan is reassessed and revised at specific intervals, ongoing monitoring of services occurs on a monthly basis. Changes to services may be made at any time it is appropriate to do so.

The reassessment of the case plan should determine whether:

• desired behavioral changes have been achieved, meaning previously diminished caregiver protective capacities have been sufficiently enhanced;
• the same services and supports shall be continued;
• services and supports shall be changed; or
• no available service or intervention will enable the parent, guardian and/or custodian to adequately address the safety threats within a time frame that meets the needs of the child, and a change in permanency goal should be considered.

Provide a copy of the revised case plan to all members of the family and service team within 5 days of the case plan staffing being completed.

Documentation

If applicable, document the proposed case plan in the Preliminary Protective/Initial Court Hearing Report.

Review and update the Health and Education tabs as needed.

Update the Person Demographics tab and Native American Details tab when new/updated information is received.

Document in Notes within 10 days, the case plan invitation and list of service team members invited to the case plan staffing.

Create and document case plans in the Plans tab. Follow the prompts to document all the necessary components of the case plan.

Document the education, living arrangement, and supports and services currently provided and scheduled to be provided to support educational stability in Notes.

For all youth age 14 and older, and for young adults age 18 and older participating in continued care through a voluntary agreement, document anticipated outcomes and tasks related to the preparation for adulthood in the Transition Plan. Ensure the youth’s preparation for foster care discharge is reflected in the Transition Plan.

Document the plan for contact with parents, siblings, etc. in the Family Contact Plan.

Document the supports and services to be provided to the out-of-home caregiver in the Case Plan.

Document in Notes the detail of case plan staffings, including participation and input from parents, children, and other family members.

Document whether the participants agreed or disagreed with the case plan. If a participant is unsure, select “undetermined” and record the service team member(s) reason for disagreeing with the case plan, efforts to reach consensus and the outcome in case notes, Case Conference/Staffing type.

File the hard copy of the case plan in the case record.

If changes in services need to occur between scheduled review dates, document these changes in Notes within 10 days.

Effective Date: January 3, 2023

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Chapter 3 : Section 3.1

Selecting the Permanency Goal

Procedures

Selecting the Permanency Goal

Whenever possible, prior to the case plan staffing, discuss the importance of permanency with the parents, guardians, and/or custodians, and inform them of all available alternatives to achieve permanency for the child, including family reunification through successful behavioral changes, consent to adoption, consent to guardianship, and adoption through termination of parental rights. Engage the parents, guardians, and/or custodians in a discussion of the alternatives to achieve permanency and obtain their input into the selection of the permanency goal.

Consider permanency goals in the order listed in policy. Select a permanency goal that is consistent with the needs of the child. Consider whether aggravating circumstances exist, any specific directions from the court, and input from the parents, guardians and/or custodians, child (age 12 years or older), and other service team members.

When selecting the permanency goal for the child, seek to maintain and support the child’s relationship to parents, siblings, kin, and other individuals with whom the child has a significant relationship.

Convene a Permanency Team Decision Making meeting any time a change in permanency goal is being considered. See Team Decision Making for more information.

Aggravating Circumstances

If certain aggravating circumstances are present, the court may relieve the Department of its duty to provide reunification services. If the court finds reunification services are not required, the court will order a permanency goal and the Department shall provide services necessary to achieve the permanency goal ordered by the court.

Remain with Family as the Permanency Goal

Select a permanency goal of Remain with Family if the child is to stay with their family and the case is open for ongoing, in-home services.

See additional information regarding in-home services and case planning:

• Determining the Level of Department Intervention, Services and Court Oversight;
• Providing Case Management and Services for Families with Children Assessed as Safe; and
• Developing and Reassessing the Family-Centered Case Plan.

Family Reunification as the Permanency Goal

Select a permanency goal of Family Reunification as the initial goal for children receiving out-of-home care services, unless aggravating circumstances exist. See Family Reunification.

Adoption as the Permanency Goal

Select a permanency goal of Adoption when the permanency options of Remain with Family and/or Family Reunification have been ruled out, unless there is a compelling reason to not terminate parental rights.

Consider revising the goal from family reunification to adoption when in the child’s best interests and any of the following circumstances exists:

• The parent has abandoned the child.
• The parent has neglected or willfully abused a child.
• The parent is unable to discharge parental responsibilities because of mental illness, mental deficiency or a history of chronic abuse of dangerous drugs, controlled substances or alcohol and there are reasonable grounds to believe that the condition will continue for a prolonged indeterminate period.
• The parent is deprived of civil liberties due to the conviction of a felony if the felony of which that parent was convicted is of such nature as to prove the unfitness of that parent to have future custody and control of the child.
• The potential father failed to file a paternity action within thirty days of completion of service of notice or failed to file a notice of claim of paternity.
• The parents have relinquished their rights to a child to an agency or have consented to the adoption.
• The child is being cared for in an out-of-home placement and the Department has made a diligent effort to provide appropriate reunification services and that one of the following circumstances exists:
  • The child has been in an out-of-home placement for a cumulative total period of nine months or longer pursuant to court order or voluntary placement and the parent has substantially neglected or willfully refused to remedy the circumstances that caused the child to be in an out-of-home placement.
  • The child who is under three years of age has been in an out-of-home placement for a cumulative total period of six months or longer pursuant to court order and the parent has substantially neglected or willfully refused to remedy the circumstances that caused the child to be in an out-of-home placement, including refusal to participate in reunification services offered by the Department.
  • The child has been in an out-of-home placement for a cumulative total period of 15 of the most recent 22 months, the parent has been unable to remedy the circumstances that caused the child to be in an out-of-home placement and there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care and control in the near future.
• The identity of the parent is unknown and continues to be unknown following three months of diligent efforts to identify and locate the parent.
• All of the following are true:
  • The child was cared for in out-of-home care pursuant to court order.
  • The Department made diligent efforts to provide appropriate reunification services.
  • The child, pursuant to court order, was returned to the legal custody of the parent from whom the child had been removed.
  • Within eighteen months after the child was returned, pursuant to court order, the child was removed from that parent’s legal custody, the child is being cared for in out-of-home care, and the parent is currently unable to discharge parental responsibilities.
• The parent has had parental rights to another child terminated within the preceding two years for the same cause and is currently unable to discharge parental responsibilities due to the same cause.

When applicable, describe in the case plan the compelling reason why terminating the parent’s rights (TPR) is not in the child’s best interest and the permanency goal will not be changed to adoption, such as:

• the child does not consent to adoption;
• the permanency goal is permanent guardianship, which does not require TPR; or
• the parent is terminally ill.

Termination of parental rights either by consent (relinquishment) or by court order is necessary for every child in the care, custody and control of the Department who has a permanency goal of Adoption. See Terminating Parental Rights.

Permanent Guardianship as the Permanency Goal

Select a permanency goal of Permanent Guardianship when family reunification and adoption are unlikely and/or there is a compelling reason not to terminate parental rights. See Permanent Guardianship.

APPLA as the Permanency Goal

For youth age 16 years old and older, select a permanency goal of APPLA when family reunification, adoption, and permanent guardianship have been actively pursued and are determined not achievable prior to the youth reaching the age of majority. A permanency goal of APPLA does not preclude the Department from providing services that will support family reunification, adoption, or permanent guardianship should a change in circumstances arise, such as the identification of a potential permanent guardian.

APPLA as a permanency goal shall not be recommended for children who have regular unsupervised visitation with their parent(s).

Documentation

Document the discussion during the case plan staffing for the selection or revision of the permanency goal in Notes as a Staffing note type, and in the next Progress Report to the Juvenile Court or Report to the Juvenile Court for Permanency Hearing following the case plan staffing.

When APPLA is the permanency goal, document in Notes designated as Locate Efforts note type, the intensive ongoing efforts that have occurred to return the youth home or secure a permanent placement with a fit and willing relative (including adult siblings), an adoptive parent, or a legal guardian, including efforts to utilize search technology (including social media) to find biological family members.

When APPLA is the permanency goal, document the actual or planned permanent living arrangement, i.e. with a kinship or licensed caregiver, in the Transition Plan.

Document the permanency goal for each child involved in the case within the case plan.

Effective Date: February 1, 2021

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Chapter 3 : Section 3.2

Concurrent Planning

Procedures

Implementation

Based on the results of the Family Functioning Assessment, review the family’s strengths, caregiver protective capacities, resources, and prognosis indicators. Use this information to complete an assessment of the likelihood of family reunification within 12 months of the child’s initial removal.

No later than 45 days from the child’s removal, conduct an initial assessment of the prognosis of family reunification for both parents, and guardians and/or custodians. Refer to Reunification Prognosis Assessment Guide, DCS-1607 to guide the assessment.

When the prognosis of achieving family reunification is assessed as unlikely to occur within 12 months of the child’s initial removal, a planned set of concurrent planning activities will be implemented to:

• identify and assess potential caregivers;
• place the child with suitable caregivers; and
• confirm that the caregivers are prepared to care for the child on a permanent basis if needed.

At critical decision points in the life of the case (initial and subsequent case plan staffings, Permanency Hearing, etc.), discuss and stress the importance of permanency with the parents, and inform the parents, guardians and/or custodians:

• of all available alternatives to achieve permanency for the child, including:
  • family reunification through successful change in behaviors or conditions that caused the child to be unsafe or at risk of future maltreatment;
  • consent to adoption;
  • consent to guardianship; or
  • adoption through termination of parental rights; and
• that if significant progress toward the behavioral changes listed in the case plan is not made by the time of the Permanency Hearing, the Department may recommend, or the court may order the permanency goal be changed from Family Reunification to another permanency goal, such as Adoption, Permanent Guardianship, or Another Planned Permanent Living Arrangement.

As appropriate considering the child’s age and developmental capacity, and for all youth age 12 or older, at critical decision points in the life of the case (initial and subsequent case plan staffings, progress review, case plan reassessment, etc.) ensure the youth is:

• informed of the youth’s role and rights in participating in the case plan and court proceedings;
• informed about the Department’s goal of achieving permanency for the youth in a safe home;
• informed of all available alternatives to achieve permanency for the youth, including family reunification through the parent’s successful change in behaviors or conditions that caused the youth to be unsafe, consent to adoption, consent to guardianship, and adoption through termination of parental rights;
• informed that individualized services addressing the reasons for DCS involvement are made available to families;
• informed about their parents’, guardians’ and/or custodians’ activities and progress toward reunification, unless returning home is not a possibility;
• helped to identify significant adults with whom relationships should be sought and maintained; and
• encouraged to maintain contact with the birth family and kin, or others with whom the youth has a close relationship. See Parenting Time and Family Contact Plan.

Encourage the participation of parents, children, and, when appropriate, extended family members in the concurrent permanency planning process.

Once a need for a concurrent permanency plan has been identified, simultaneously and actively pursue the Family Reunification permanency goal and implement a planned set of concurrent planning activities including:

• interviewing the child, parents, grandparents, other extended family members, and other persons who have a significant relationship with the child to identify potential permanent caregivers for the child;
• assessing potential caregivers for the child by completing the assessment procedures in Kinship Care;
• ensuring that all potential caregivers and all adult household members are fingerprinted for a criminal records check;
• ensuring that a Central Registry check is completed on all potential caregivers and all adult household members;
• ensuring that the identified caregivers are aware of the need for concurrent planning and the child’s need for a permanent caregiver in the event that reunification is not achieved;
• transitioning the child into the home of the identified caregivers if the child is not already placed;
• encouraging the caregivers to pursue foster home licensing; and
• providing services to support the child’s placement with the caregivers.

If a potential caregiver(s) has not been identified, complete an exhaustive search for a potential permanent caregiver, following the procedures outlined in Locating Missing Parents & Family for Notification.

If a potential permanent caregiver is located out-of-state, initiate the home study process via ICPC. See ICPC: Overview, Referrals & Placement.

If an exhaustive search for potential permanent caregivers has been completed and no potential caregiver has been identified, or all identified potential caregivers have been assessed and ruled out, consider placement of the child with a licensed foster family who:

• agrees to support continuing efforts to achieve family reunification; and
• if necessary, will provide a permanent home for the child if reunification is not achieved.

When the identity and whereabouts of the parents, guardians, and/or custodians is known, provide them with written notification of the concurrent planning activities. If the parents, guardians, and/or custodians are not available or missing, a copy of the case plan including concurrent planning activities should be provided to their attorney and to the parents, guardians, and/or custodians at the earliest opportunity. If the child is subject to the Indian Child Welfare Act, provide a copy of the plan to the child’s and parent’s, guardian’s, and/or custodian’s tribe, and the child’s Indian custodian.

The identification and assessment of alternate caregivers for a concurrent permanency goal of adoption shall only include individuals with whom the permanency goal of adoption can be finalized.

During contacts with the parents, guardians, and/or custodians, continue to:

• stress the importance of permanency for the child;
• discuss all available alternatives to achieve permanency for the child, including family reunification through successful change in behaviors or conditions that caused the child to be unsafe, consent to adoption, consent to guardianship, and adoption through termination of parental rights; and
• review progress toward the behavioral changes listed in the case plan.

Complete a review of the services and supports to achieve reunification at least every 90 days. Modify services and supports with the parents, guardians and/or custodians as necessary.

Within six months of actively working with the family on both the reunification plan and concurrent planning activities, a final concurrent permanency goal must be established.

Based on the circumstances of the case and consistent with the child’s best interests, consider and select the concurrent permanency goal:

• Adoption;
• Permanent Guardianship;
• APPLA.

For more information, see Selecting the Permanency Goal.

At critical decision points in the life of the case (each case plan staffing, Permanency Hearing, etc.), reassess the prognosis for successfully achieving family reunification. Refer to theReunification Prognosis Assessment Guide, DCS-1607 to guide the reassessment of prognosis for family reunification.

Review and revise the concurrent permanency plan and the related services and supports, as needed.

Documentation

In Notes, document discussions with each parent, guardian and/or custodian and child regarding the importance of permanency, the available alternatives to achieve permanency, and the possibility the permanency goal may change if significant progress toward the behavioral changes is not made by the time of the Permanency Hearing.

Document the initial assessment of the prognosis of family reunification and any concurrent planning activities in Notes designated as a Staffing note type.

When a concurrent goal is identified, document the concurrent permanency goal for each child in the Case Plan.

Document the concurrent planning activities (supports and services) to support the concurrent permanency plan in the Steps to Finalize Permanency Goal section of the Case Plan.

Document the reassessment and any modifications to the concurrent planning activities in Notes designated as a Staffing note type.

Document written notification to the parents of the concurrent permanency plan by obtaining their signature on the Case Plan Agreement page of the case plan and/or by filing a copy of the written correspondence to the parents in the hard copy case record.

Document the search for a potential permanent kinship foster family home as a DCS Locate Efforts type Note as described in Locating Missing Parents & Family for Notification.

Document the assessment of a potential permanent kinship foster family home as described in Kinship Care.

DCS Program Supervisor:

Document the review and approval of the initial and subsequent assessments of the prognosis for achieving family reunification in Notes.

DCS Program Administrator:

Document the review and approval of APPLA as the concurrent permanency plan in Notes.

Effective Date: March 15, 2024

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Chapter 3 : Section 3.3

Planning For Services and Supports to Achieve Permanency

Procedures

Services and Supports

Throughout the case, determine the services or supports that are most appropriate to achieve the necessary behavioral changes, case plan outcomes, and permanency goal in consultation with the family, child (12 years and older), and other service team members.

When APPLA is selected as the permanency goal for a youth age 16 or older, the Department must conduct intensive and ongoing efforts to return the youth home or secure a caregiver for the youth with a fit and willing relative (including adult siblings), a legal guardian, or an adoptive parent.

Efforts to return a child home shall include a thorough assessment of safety threats that prevented the parent(s) from caring for the child without the involvement of the Department. See Family Reunification.

Efforts to secure a caregiver with a fit and willing relative, legal guardian, or an adoptive parent shall include child specific recruitment efforts such as:

• the use of State, regional, and national adoption exchanges, including electronic exchange systems, to facilitate orderly and timely in-state and interstate placement; and
• search technology (including social media) to find biological family members for the children. See Child Specific Recruitment for Adoption and Locating Missing Parents & Family for Notification.

Depending on the needs of the child and family, services or supports may be provided by:

• the DCS Specialist or other Department staff;
• contract providers;
• community providers, such as behavioral health;
• extended family members or those with whom the family has a strong connection; or
• community resources and/or volunteers.

Services and supports should be scheduled or otherwise arranged to complement the work and personal schedules of family members.

Services and Supports to Achieve Remain with Family or Family Reunification

In consultation with the family, child (12 years of age and older), and other service team members, the DCS Specialist shall determine services and supports that are most appropriate to achieve the desired behavioral changes.

After the caregiver protective capacities are understood and well-defined, identify services that will assist in facilitating necessary change, achieving the desired behavioral changes, enhancing specific diminished protective capacities, and helping the parents regain and sustain primary responsibility for their child’s safety. Services such as parenting classes, substance abuse treatment, or intensive family services may be utilized when appropriate. Services may also include support and assistance from individuals in the family network, community, or other resources.

Using information gained during the Family Functioning Assessment – Ongoing, including the assessment of caregiver protective capacities and determining the child’s needs, the DCS Specialist will engage the parents, guardians, and/or custodians to:

• decide what interventions/services will assist the family in making necessary changes; and
• explore culturally relevant, individualized intervention/service options to maximize the family’s self-determination and commitment to the process of change.

Services for Children and Youth

Prior to and during the case plan staffing, provide service team members comprehensive information on the needs of the child (including the child’s physical/dental health, emotional/behavioral health, educational status, and other support needs) and the services and support needs of the out-of-home care provider.

Elicit the comments and recommendations of the service team members and seek to reach consensus on:

• the behaviors and services required to meet the child’s needs, including the needs of children age 14 and older to build skills necessary to prepare for a successful adulthood (see Services and Supports to Prepare Youth for Adulthood);
• for children who have been identified as victims of sex trafficking or commercial sexual exploitation, the specific services that have been implemented to address this issue;
• the behaviors and services or supports required to maintain the out-of-home caregiver’s ability to care for the child;
• actions necessary to assure the child’s safety in out-of-home care; and
• if applicable, services to achieve a concurrent permanency goal or a goal other than family reunification, and steps to be taken to achieve the goal, such as efforts to:
  • identify an adoptive family or other permanent living arrangement for the child, including child-specific recruitment efforts;
  • place the child with an adoptive family, a relative, or a permanent guardian; or
  • finalize the adoption or permanent guardianship.

Court Ordered Services

If the court orders services supplemental to the services of the Department:

• inform other team members of the name of the service provider(s);
• request all documentation/reports from the service provider(s) at least monthly;
• invite the service provider(s) to meetings regarding the child and family, including Team Decision Making meetings and case plan staffings; and
• share all documents and information with the provider(s) as permitted under law. See Safeguarding Records & Records Requests.

Facilitating the Change Process and Monitoring Services

The DCS Specialist’s role in facilitating change is critical to the effectiveness of the case plan and family success and should include:

• continually encouraging the parent, guardian, and/or custodian’s self-awareness regarding issues affecting child safety;
• seeking to facilitate readiness necessary to promote change (enhancing caregiver protective capacities), and;
• respecting and reinforcing self-determination and personal choice.

During in-person contacts, the DCS Specialist assists the parent, guardian, and/or custodian to move through the stages of change. Discussions should focus on the following:

• progress being made toward addressing what must change associated with enhancing diminished caregiver protective capacities;
• internal and external barriers to change;
• the parent, guardian, and/or custodian’s readiness to participate in case plan services and to make necessary changes;
• clarification and/or adjustment to behavior change statements;
• use of existing caregiver protective capacities to support change;
• relationship between the parent, guardian, and/or custodian and DCS;
• relationship between the parent, guardian, and/or custodian and case plan service providers;
• treatment service effectiveness; and
• needs of children (in-home and out-of-home) and parent, guardian, and/or custodian involvement in addressing the needs of children.

The DCS Specialist should discuss with case plan service providers:

• efforts being made with the parent, guardian, and/or custodian toward meeting the behavioral change statements;
• service effectiveness in enhancing diminished caregiver protective capacities;
• where the parent, guardian, and/or custodian is in the Stages of Change;
• how the caregiver is progressing in making necessary changes; and
• how the service provider can assist the parent in making the behavior changes outlined in their case plan.

The DCS Specialist will have contact with the parent, guardian, and/or custodian, children, treatment service providers, and responsible adults identified in the safety plan at least monthly. See Contacts with Children, Parents and Out-of-Home Caregivers.

The DCS Specialist will solicit input from family and other service team members regarding the effectiveness of the current services, including whether they are necessary and helpful.

The DCS Specialist will gather information to assess whether there has been any change in the attitudes, behaviors, or perceptions of the parent, guardian, and/or custodian regarding safety threats and diminished protective capacities.

The DCS Specialist will engage the family and other service team members to identify necessary changes to services and supports, and consult with the DCS Program Supervisor as needed to implement changes in services or supports necessary to achieve the desired behavioral changes.

The DCS Specialist will clearly communicate any change in services and provide necessary information to the recipient of the service, the service provider, and, as appropriate, other service team members.

The DCS Specialist will convene a case plan staffing and involve the family in discussions about changes to the plan if there is a significant change in case circumstances or a change in permanency goal is considered.

For all permanency goals, the DCS Specialist will monitor case progress every 30 days to:

• review progress toward case plan outcomes;
• follow-up with service provider(s);
• follow-up with the person receiving services to assess progress; and
• determine whether there is a need for adjustment(s) to services and supports.

If specified tasks have not been completed, the DCS Specialist will review the tasks to identify possible barriers such as:

• whether the tasks were clearly communicated;
• the expectations and obligations of the child and family (review whether the child and family have multiple systems involved in their lives, each with separate and possibly competing tasks);
• cultural needs of the family and possible challenges with the provision of services; and
• whether the supports and/or service providers are able to timely fulfill the responsibilities specified in the case plan.

The DCS Specialist will take actions necessary to facilitate continued case progress, including:

• clarify tasks or expectations;
• modify tasks; or
• arrange for the use of different resources or service providers.

The DCS Specialist will immediately respond to and address any complaints or problems in the delivery of services.

If necessary, the DCS Specialist will convene a case plan staffing to discuss case progress and initiate changes in the case plan.

Family Contact Plan

All case plans for children in out-of-home care must include a contact and visitation plan between the child and the child’s parents, family members, other relatives, siblings, former foster parents, and individuals with significant relationships to the child to preserve and enhance relationships and attachments to the family of origin. See Parenting Time and Family Contact Plan.

Documentation

Document in Notes:

• contacts with family members, Department personnel, out-of-home care providers, members of the service team, tribal social services representatives, and/or other interested parties regarding the case; and
• observations of the family’s interactions and environment, written in behavioral terms and using professional judgment or fact.

Documentation of contacts will include information on dates, places, individuals involved, and the nature of the contact.

Document the initial selection of services in the case plan.

For cases involving children three years of age and younger at the time of removal, document in Notes that you have informed the parents of the following:

• A permanency hearing will be held within six months of the child’s removal from the home.
• Substantially neglecting or willfully refusing to participate in reunification services may result in a court order to terminate parental rights at the permanency hearing.

For cases involving children identified as victims of sex trafficking or commercial sexual exploitation, document the specific services implemented to address this issue. Ensure the Sex Trafficking Details tab is updated.

File hard copy medical, educational, and mental health records in the hard copy case record.

Document the child’s special needs and medical, educational, and mental health status and needs in the Health and Education tabs.

Document the plan for frequent and consistent visitation between the child and the child’s parents, siblings, family members, other relatives, friends, and any former caregiver in the Family Contact Plan.

Document progress made toward achieving outcomes specified in the case plan in Notes.

Effective Date: February 1, 2021

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Chapter 3 : Section 3.4

Another Planned Permanent Living Arrangement

Procedures

Prior to selecting a permanency goal of APPLA, the Department must conduct intensive and ongoing efforts to return the youth home or secure a permanent caregiver for the youth with a fit and willing relative (including adult siblings), a legal guardian, or an adoptive parent.

Efforts to return a youth home shall include a thorough assessment of safety threats that prevented the parent(s) from caring for the youth without the involvement of the Department. See Family Reunification.

Efforts to secure a permanent living arrangement with a fit and willing relative, legal guardian, or an adoptive parent shall include child specific recruitment efforts such as the use of State, regional, and national adoption exchanges including electronic exchange systems to facilitate orderly and timely in-state and interstate placements, and the use of search technology (including social media) to find biological family members for the youth.

A goal of APPLA is selected when the youth is likely to reach the age of majority while in out-of-home care, and may only be selected if these ongoing reunification and permanency efforts have been unsuccessful and are documented. See Locating Missing Parents and Family for Notification.

Selecting APPLA as the Permanency Goal

Gather and review information specific to the following discussion points with the DCS Supervisor to determine if a permanency goal of APPLA is in the best interests of the youth:

• the results of the current Family Functioning Assessment including:
  • the identified impending danger threat and whether or not it remains active within the family environment;
  • whether or not any additional safety threats have been identified;
  • the result of the in-home safety analysis questions;
  • whether or not the youth is able to return home with an in-home safety plan; and
  • whether or not previously identified safety threats have been resolved and the child has been assessed as safe.

If there is not a safety threat identified, review the reasons the child remains in out-of-home care and arrange for necessary supportive services to facilitate reunification.

Complete a comprehensive search for biological and kinship family and review the results of previous family locate efforts. Determine whether the youth has identified or been asked to identify any person who the youth would like to pursue as a permanent caregiver or permanent supportive person. Determine if efforts to locate and contact any identified person(s) have been made.

Discuss the results of the search with the youth. For each person located, discuss with the youth their desire to include the person in case planning and services, including exploration of the person as a potential permanent caregiver. If search efforts did not locate any biological or kinship family, discuss with the youth the plan for continuous efforts to identify and pursue permanent connections, including the potential for change in the permanency goal (to adoption or permanent guardianship at the youth’s request).

Explore the benefits of adoption and guardianship with the youth. Determine whether or not there is a documented reason that adoption or guardianship is not in the youth’s best interest.

A documented reason that adoption or guardianship is not in the youth’s best interest may only be based on the youth’s own wishes, a documented legal barrier to termination of parental rights, or another documented compelling reason. See Selecting the Permanency Goal. Ensure the youth is fully informed of the documented reason.

Determine if the youth is willing to consent to adoption.

Determine if there is an unresolvable barrier to adoption or permanent guardianship of the youth by the kinship or licensed foster home caregiver, and if it is in the youth’s best interest to remain with the caregiver.

Identifying a Permanent Living Arrangement

The DCS Specialist must identify the proposed or planned permanent living arrangement, and formalize the arrangement through a written agreement.

Discuss with the youth and the kinship or licensed foster caregiver their desire and commitment to continue as a permanent supportive adult in the youth’s life and their willingness to maintain an ongoing relationship into the youth’s adulthood.

Discuss with the youth and the kinship or licensed foster caregiver their willingness to ensure the youth maintains connections with their immediate and extended family.

Discuss with the kinship or licensed foster caregiver their ability and willingness to apply the Reasonable and Prudent Parent Standard to ensure normalcy for the youth.

Review the importance of positive permanent connections in a youth’s life as related to the youth’s overall well-being and adult functioning. Assist the youth and kinship or licensed foster caregiver to discuss and plan for what their relationship will “look like” as the youth enters adulthood and exits foster care.

Identify and document the actual or proposed permanent living arrangement that describes the caregiver’s relationship to the youth (and specify the caregiver by name, if identified and with permission of the caregiver). For example, the permanent living arrangement may be with a licensed foster family with whom the youth has a significant relationship, or with a relative/kin caregiver.

When the living arrangement is not permanent and if in the child’s best interests, the DCS Specialist shall assist the youth to explore other potential permanent living arrangements and supportive adult relationships to foster a positive transition to adulthood, and in accordance with the youth’s preference. See Young Adult Living Arrangements.

For more information on selecting a kinship caregiver, see Kinship Care.

Formalizing the Planned Permanent Living Arrangement

Formalize a plan for the youth to reside in a permanent living arrangement by completing the Permanent Placement Agreement, CSO-1026A when the identified permanent arrangement is an adult caregiver who commits to:

• providing the best possible care to the youth until at least age 18 (and may continue beyond age 18, to age 21, if in the youth’s best interest);
• being a positive, supportive connection into the youth’s adulthood;
• applying the Reasonable and Prudent Parent Standard to ensure normalcy; and participating in necessary planning to support the youth’s successful transition to adulthood.

Request the court to grant physical custody of the child to the out-of-home caregiver (if this has not previously occurred).

Formalize a plan for the youth to reside in an permanent living arrangement (i.e. in a community based transitional living program, school dormitory, on their own through the Independent Living Subsidy Program, etc.). If the Independent Living Subsidy will be used to support the permanent living arrangement, ensure all related forms are completed timely. See Young Adult Living Arrangements.

Transition Planning for Youth in a Planned Permanent Living Arrangement

For all youth in Another Planned Permanent Living Arrangement:

• Provide transition planning and services as described in Services and Supports to Prepare Youth for Adulthood.
• Ensure the transition plan outlines the services to be provided that will support the youth building the skills necessary to prepare for adulthood.
• Support continued contact between the youth and their parents, siblings, and extended family members, unless such contact would be detrimental to the youth.
• Continue efforts to create positive, supportive relationships between the youth and their parents, kin, and others through in-person and phone contact, written communication and visitation, as appropriate for the safety and well-being of the youth; and whenever possible, maintain contact with the youth’s parents or extended family, to:
  • inform and involve the family in decisions about the youth where feasible; and
  • stay informed of changes in the family situation that might indicate a need to re-evaluate the permanency goal of APPLA, unless such contact would compromise the safety of the youth.
• Monitor the family and case for changes that may support future reunification, adoptive placement, or placement with a permanent guardian.
• Communicate with the out-of-home caregiver to ensure that the caregiver follows the Reasonable and Prudent Parent Standard, and the youth has regular opportunities to engage in age or developmentally appropriate activities.

Documentation

Document APPLA as the permanency goal in the case plan.

Document the specific type of planned permanent living arrangement (i.e. with the kinship or licensed foster family, residing in school dormitory, living on own with support of the Independent Living Subsidy, etc.) in the transition plan.

Document the formalization of permanent placement with a kinship or licensed foster caregiver as the permanent living arrangement, using the Permanent Placement Agreement.

Document case management activities in the court report for each report and review hearing and permanency hearing.

Effective Date: February 1, 2021

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Chapter 3 : Section 4

Contact with Children, Parents and Out-of-Home Caregivers

Procedures

Required Contact with Children and Caregivers (Parent/Out-of-Home Caregiver)

If a child is placed into out-of-home care by staff other than the assigned DCS Specialist, the assigned DCS Specialist must have telephone contact with the out-of-home caregiver and the child (if the child is able to communicate by phone) within 24 hours of placement; and face-to-face contact with the child and out-of-home caregiver in the out-of-home caregiver’s home within fifteen (15) calendar days of placement. Thereafter, the assigned DCS Specialist must have monthly face-to-face contact with the caregiver and child.

The assigned DCS Specialist, or other, designated DCS Specialist who is assigned ongoing responsibility for the monthly contact, discusses and assesses the following with the child(ren) and the caregiver(s):

• the safety of the child;
• the child’s and the caregiver’s relationship;
• the ability of the caregiver to meet the child’s needs;
• the safety of the physical home environment such as any observable hazardous conditions (no electricity, no water, exposed wiring, dangerous objects, harmful substances, external locks on bedroom doors, etc.) that may immediately threaten the child’s safety;
• the case plan including the Permanency Goal, identified behavioral changes and services, and progress toward the Permanency Goal;
• the Family Contact Plan, including parenting time and additional opportunities for the parent to engage in the child’s routine care and social-emotional development (i.e. health and educational appointments, extracurricular activities, etc);
• the developmental progress of the child;
• the child’s educational, physical health, and emotional and behavioral health status and needs;
• the ability of the child to participate in age and developmentally appropriate extracurricular, enrichment, cultural, and social activities;
• factors important to the child such as race, class, ethnicity, religion or spirituality, tribal affiliation, sexual orientation, gender identity, and other forms of culture that are appropriately considered in the child’s life.
• the child’s medical and dental examinations, including required examinations within the first 30 days of removal and ongoing EPSDT visits, including standard medical tests and immunization updates as appropriate;
• the appropriateness and adequacy of services and supports provided to and for the child; and
• the appropriateness and adequacy of services and supports provided to and for the caregiver to maintain the caregiver’s ability to care for the child.

Ensure the out-of-home caregiver receives updated Health and Education plans on the child in their care at least once every six months. See Education and Health information in the Guardian Training Materials.

See the Child & Caregiver Visitation Guide (DCS-1592B) for information on interviewing the child and caregiver during monthly face-to-face contacts.

While a monthly contact in the caregiver’s home is preferred, there are occasions when the face-to-face contact with the child may occur outside of the living arrangement. Conduct at least half of the monthly contacts with the child and the caregiver in the caregiver’s home. If the child is verbal or able to communicate through other means (such as through writing, an augmentative communication device, sign language, etc.), spend part of at least one visit per month alone with the child.

More frequent face-to-face contact and/or telephone contact from the DCS Specialist between required monthly contacts may be necessary based on the case circumstances.

If a child is placed out of the home, review the placement packet regularly for accuracy.

If a child is placed in a therapeutic congregate care setting (therapeutic group home, residential treatment facility, etc.), monthly contact is required in addition to a review of treatment goals, appropriateness of placement, the need for continuation of the placement, and discharge planning at least once every three (3) months. See Arranging Treatment in a Behavioral Health Inpatient Facility for more information on activities required to review a child’s placement in a residential treatment setting.

Required Contact with Children Remaining in the Home When a Sibling is Placed Out of the Home

When the Permanency Goal for the child in out-of-home care is Family Reunification, conduct ongoing monthly contact with any children remaining in the home even when these children are assessed as safe. Include these child(ren) in the Family Functioning Assessment – Ongoing (FFA) as well as any subsequent FFA.

When the Permanency Goal for the child in out-of-home care is not Family Reunification, monthly contact with the child(ren) who remain in the home and are assessed as safe is not required.

If, during the course of providing services to a child in out-of-home care and the child’s family, there is reason to believe that a child remaining in the home may be unsafe in the home, additional contact and actions may be needed to assess and manage safety. See Present Danger Assessment and Planning.

Required Contact for a Child Placed Out-of-Region

If the child is placed out of the region under a courtesy supervision agreement, the courtesy supervisor may make the monthly face-to-face contact with the child and caregiver instead of the assigned DCS Specialist. The assigned DCS Specialist shall maintain quarterly face-to-face contact with the child.

Required Contact for a Child Placed Out-of-State

If the child is placed out-of-state through an Interstate Compact on the Placement of Children (ICPC), the assigned ICPC Case Manager in the receiving state makes monthly face-to-face contact with the child and caregiver.

If the child is placed out-of-state for therapeutic purposes without supervision being provided through an ICPC agreement, the assigned Behavioral Health Specialist will provide monthly updates to the DCS Specialist. The assigned DCS Specialist maintains monthly telephone contact with the child. This procedure pertains to out-of-state placements in a residential treatment center, inpatient psychiatric facility, rehabilitation program, or similar program.

Required Contact with Parents

If the Permanency Goal is Remain with the Family or Family Reunification, during the monthly face-to-face contact with the parent discuss and assess identified safety threats, risks, parent protective capacities, and the parent’s successes or barriers in making the behavioral changes identified in the case plan. Discuss any change in services or supports the parent may need to achieve the case plan goals. See High Quality Parent Contacts and Parent Contact Guide, DCS-3311B, for more information on monthly parent contacts.

Obtain prior supervisory approval for exceptions to monthly face-to-face contact with the parents when the Permanency Goal is Reunification or Remain with Family. Ongoing exceptions to monthly face-to-face contact shall be reviewed with the parents, team members and the DCS Program Supervisor at the time the case plan is developed and reassessed. An exception may be considered when a parent is incarcerated, or when a parent is out-of-region or out-of-state. If an exception to monthly face-to-face contact with a parent is approved, maintain a minimum of quarterly telephone contact or written correspondence with all parents whose whereabouts are known and whose rights have not been terminated.

This telephone contact or written correspondence must provide the parent the following information:

• name, address, and phone number of the DCS Specialist;
• a description of the conditions that must be met in order for the child to return to the parent’s home. See Conditions for Return;
• a description of behavioral changes the parents must achieve prior to the closure of their DCS case;
• a description of services and supports recommended by the Department to assist the parents in meeting the conditions for return and behavioral change goals;
• dates, locations, and contact information for any upcoming staffings and hearings;
• information on the well-being and status of the child, including type of placement, health status, and any significant events, progress, or concerns; and
• the consequences of not participating in reunification services.

If the Permanency Goal is not Remain with Family or Family Reunification, conduct quarterly contact with the parent until the court has ordered termination of the parent-child relationship, granted permanent guardianship of the child, or the child has reached the age of majority. Contact may be face-to-face, written, or by telephone.

Address Confidentiality Program

If a participant notifies the Department of enrollment in the Address Confidentially Program (ACP), the DCS Specialist must notify the DCS Privacy and Security team at Privacy@AZDCS.Gov to confirm the participant is currently enrolled. See DCS 07-12 Address Confidentiality Program for more information.

Documentation

Document all contacts (face-to-face, telephonic, e-mail, etc) with the child(ren), parent(s) and caregiver(s) in Notes.

Document the review of the child’s Placement Packet in Notes.

Update Guardian to reflect information provided by the out-of-home caregiver on the child’s needs and status in the Health and Education tabs.

File completed Child Placement Packet forms in the hard copy record.

If an ICPC Case Manager or Courtesy Case Manager is responsible for making the ongoing monthly face-to-face visits, add the case manager with ongoing responsibility for the monthly visits to the case.

Effective Date: January 23, 2024

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Chapter 3 : Section 5

Voluntary Placement

Procedures

The Voluntary Placement Agreement, CSO-1043A may be used when:

• it has been determined that the child is in present danger or impending danger and that there is no in-home or other less intrusive present danger or safety plan option that will be sufficient to control the danger and allow the child to remain safely at home;
• the child can be sufficiently protected while in voluntary placement;
• based on the Family Functioning Assessment, the identified safety threats that prevent the child from living at home safely can be remedied within 90 days or less;
• the permanency goal is family reunification;
• the parent, guardian, or custodian is willing to voluntarily place the child in the custody of the Department, giving the Department the authority to place the child in the home of a licensed out-of-home care provider, an adult relative, or a person with a significant relationship with the child;
• the parent, guardian, or custodian is willing and able to cooperate with a case plan and abide by the terms of the voluntary placement agreement; and
• if the child is age 12 years or over and not developmentally disabled, the child is willing to consent to voluntary placement, unless placement is clearly necessary to prevent abuse.

Consult with the DCS Program Supervisor to ensure that the case circumstances meet the Department’s criteria for voluntary placement.

If a Voluntary Placement Agreement will be implemented, inform the parents, guardians, or custodians:

• about the safety threats that require an out-of-home safety plan and removal from the home;
• that they will have the right to an attorney and a hearing before a juvenile court judge if they do not agree to a voluntary placement, and the Department chooses to remove the child(ren) from the home and file a dependency petition;
• that by signing the Voluntary Placement Agreement the parent, guardian, or custodian is placing the child in the Department’s custody, which will then have the authority to place the child with a licensed out-of-home care provider, an adult relative, or a person with a significant relationship with the child;
• that without the Department’s approval, the parent, guardian, or custodian may not remove the child from the out-of-home placement while the Voluntary Placement Agreement is in place;
• that a parent, guardian, or custodian may revoke a Voluntary Placement Agreement by providing written notice to the DCS Specialist; and that upon receipt of the notice, the DCS Specialist will, within 72 hours, excluding weekends and holidays:
  • return the child to the custody of parent, guardian or custodian; or
  • file a dependency petition if there is reason to believe that the child would be unsafe if returned home;
• that the parent, guardian, or custodian retains parental rights and responsibilities under the voluntary placement agreement with the Department, including the:
  • legal custody of the child,
  • right to reasonable visitation,
  • right to consent to medical treatment, and
  • right to participate in educational decisions and act as the special education parent (See Education Services for Children in Out-of-Home Care);
• that the parent’s, guardian’s, or custodian’s decision to place a child in voluntary placement does not constitute grounds for abandonment, abuse, or dependency nor may it be used in a judicial proceeding as an admission of criminal wrong-doing;
• that after a child has been in out-of-home placement for 60 days, the time in out-of-home care will be included in the amount of time the Court considers when determining whether to terminate a parent’s rights if:
  • a dependency petition is filed,
  • the child is made a ward of the court, and
  • the dependency action results in the termination of parental rights based on length of time the child has been in out-of-home placement.

When the determination is made that voluntary placement with the Department is appropriate:

• explain the terms of Voluntary Placement Agreement to the parent, guardian, or custodian and to any child who is over age 12 years and not developmentally disabled, and;
• determine, in cooperation with the parent, guardian, or custodian, the length of placement, up to 90 days, and specify this on the form.

Complete the Voluntary Placement Agreement, CSO-1043A. Have the parent, guardian, or custodian and child, if appropriate, sign the form.

If the child who is age 12 years or older and not developmentally disabled refuses to sign the Voluntary Placement Agreement, and it has been determined that voluntary placement is clearly necessary to prevent abuse, document the reasons for proceeding with the placement in the electronic case record in the Notes tab.

Distribute the Voluntary Placement Agreement as follows:

• Give one copy to the parent, guardian, or custodian.
• Give one copy to the child, if age 12 years or older and not developmentally disabled.
• Keep the original in the child’s hard copy record.

Kinship Placement

Follow the Implementation procedures in Kinship Care to determine whether the person meets the requirements for placement. The following are not required for a voluntary placement agreement with a relative:

• references;
• formal home study; and
• Kinship Placement Notification letter.

Complete the following activities prior to placement with kinship caregiver:

• Complete a search of Department of Child Safety electronic records, and other states or jurisdictions (if applicable), for current or prior involvement with Department of Child Safety, or other states or jurisdictions, on all individuals in the home over 18 year of age.
• Complete a criminal history records check with the Department of Public Safety (DPS) using the Justice Web Interface (JWI) for all adults residing in the home.
  • When a person does not have a social security number, the DPS Criminal Records Check shall still be completed using information currently in Guardian. In this situation, additional searches are necessary, including a public records search or information available through local law enforcement.
• Complete a Safety Plan and Safety Plan Signature Page, CSO-1034B and provide each caregiver and responsible adult (when applicable) a copy of these completed forms.
• Visit the home to ensure that the home environment has no observable safety hazards using the Home Safety Checklist for Kinship Foster Caregiver Household, CSO-1014A.
• Determine if there is any information that would preclude the relative from providing a safe, nurturing environment for the child.
• Complete the Kinship Placement Agreement and Notification of Resources, CSO-1129A. Relative(s) must read and sign the form.
• Ensure the relative(s) and all individuals in the home over 18 years of age complete the Criminal HIstory Self-Disclosure Affidavit, DCS 1078 and complete a fingerprint based background check.
  • Within 15 working days of the completed DPS check, require all adult household members to complete a fingerprint based background check. Provide finger print instructions to all adults upon placement consideration or emergency placement. If needed, provide assistance in submitting the fingerprints. Additional Department resources can be provided to assist adults that are unable to submit fingerprints to Thales.
  • If any adult household member fails to complete the fingerprint based background check, the child cannot be placed in the home.
  • A person who is denied a Level One Fingerprint Clearance Card may still be considered as a kinship placement, if the offense preventing approval of the Level One Fingerprint Clearance Card is appealable to the Board of Fingerprinting.
  • The DCS Specialist should gather all relevant information and consult with the DCS Supervisor for approval to continue placement of the child(ren) in the home.

Place the child in a licensed out-of-home care placement or with a kinship caregiver that meets the child’s individualized assessed needs. See Selecting an Out-of-Home Care Provider.

Follow the procedures outlined in Voluntary Placement of an Indian Child when the child is or may be American Indian.

Team Decision Making (TDM) and Voluntary Placement Agreements

A Safety TDM meeting will be held the following business day if the Voluntary Placement Agreement has been implemented as a protective action in a present danger plan.

A Safety TDM meeting will be held when the Family Functioning Assessment has been completed and a determination has been made that the child is unsafe due to an impending danger threat, and a Voluntary Placement Agreement is being considered.

In addition to any TDM meeting that was held at the initiation of a Voluntary Placement Agreement, a Safety TDM meeting must be held within no less than 30 days from the expiration of the Voluntary Placement Agreement, and/or upon the parent, guardian, and/or custodian’s request to rescind the Voluntary Placement Agreement if the child(ren) has been assessed as being unsafe.

A Safety TDM meeting is not required when a child has been determined to be safe.

Case Management of Voluntary Placement Agreements

Develop an individualized case plan within 10 working days of placing a child in voluntary placement with the Department. The case plan must address the:

• safety threats that prevent the child from living safely at home;
• provisions for contact and visitation between the child and family; and
• the services necessary to promote the safety of the child on the planned return date to the parent, guardian, custodian, or alternative placement.

For policy and procedures of developing a case plan see Developing and Reassessing the Family-Centered Case Plan.

Meet with the family within 30 days of taking a child into voluntary placement (and monthly thereafter) to review the case status, progress toward the permanency goal, and continued appropriateness of voluntary placement. If, at any time in the 90 days, either of the following are true, then the child must be returned home:

• Family circumstances have changed such that the Conditions for Return have been met, and the results of the in-home safety analysis indicate an in-home safety plan would be sufficient to control the danger.
• Family circumstances have changed such that the results of the Family Functioning Assessment indicate there is no longer present or impending danger, and the child is assessed as safe.

Monitor the child’s out-of-home placement through monthly face-to-face contact with the child and caregiver, in the caregiver’s home, to ensure that the child is safe.

Follow procedures found in Locating Runaway Children if the child runs away from the voluntary placement. In addition to these procedures:

• Convene a case conference, within seven days, to include the parent, guardian or custodian and the out-of-home care provider to discuss continuance or termination of the Voluntary Placement Agreement.
• Do not end date the Removal Details or terminate DCS CHP coverage unless the Voluntary Placement Agreement is terminated.

Expiration of the Voluntary Placement Agreement

Within 10 working days prior to expiration of the Voluntary Placement Agreement:

• Reassess the child’s safety using the Family Functioning Assessment-Progress Update.
• Convene a case plan staffing to determine whether:
  • the child may be safely returned home;
  • the parent, guardian, or custodian has arranged an alternate safe placement with a relative, non-custodial parent, or other custodian; or
  • filing an In-Home Intervention, In-Home Dependency Petition or Out-of-Home Dependency Petition is necessary to ensure the child’s safety.

Before the child returns home:

• ensure that the child is provided an opportunity to discuss any feelings about going home;
• determine the follow-up services needed by the parent, guardian, custodian, or alternate caregiver to meet the child’s needs;
• inform the parent, guardian, custodian, or alternate caregiver about available financial and non-financial services and eligibility requirements;
• assist the parent, guardian, custodian, or alternate caregiver to complete the necessary applications for services; and
• ensure the family has access to needed services through Department or community resources.

Documentation

Document reasons the voluntary placement is appropriate, and the explanation of the terms and conditions of the Voluntary Placement Agreement using the Notes tab.

Print the results of the DPS check and place in the hard copy record in a sealed envelope marked “Confidential”, if applicable.

Ensure that the child is enrolled in DCS CHP by completing the Removal Details tab with the date of placement with the licensed out-of-home care provider or relative as the Removal Start Date.

Document the case plan staffing in Notes designated as Staffing type.

When needed, document the reasons for proceeding with the Voluntary Placement Agreement when a child who is age 12 or over and not developmentally disabled refuses to sign the Voluntary Placement Agreement in Notes.

Document the meeting with the parent, guardian, or custodian held 30 days after placement and every 30 days thereafter to review the case status in Notes designated as Parent/Caregiver Contact type.

Using the Monthly Contact Visit Note to document all face-to-face visits with the child and caregiver.

Effective Date: February 1, 2021

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/03%20Case%20Planning%20and%20Services/06%20Basic%20Services/CH3_S06_1%20Parenting%20Time.htm

Chapter 3 : Section 6.1

Parenting Time and Family Contact Plan

Procedures

Creating the Family Contact Plan

Upon removal, the Department shall develop, with family members, the out-of-home caregiver and the child, when appropriate, a Family Contact Plan. The Family Contact Plan is a comprehensive, written plan describing the contact between a child in out-of-home care and the child’s parents, siblings when placed in separate living arrangements, relatives and others with a significant relationship. The Family Contact Plan may include parenting time and family contact.

Parenting time is scheduled time for the child in out-of-home care and the parents to engage in bonding and parenting activities, including the opportunity for the parent to be a part of the child’s daily life. Parenting time may include:

• attending medical appointments;
• extracurricular and school events; and
• working with the out-of-home caregiver in caring for the child such as helping with homework, afterschool/bedtime routine.

Family contact is time spent between a child in out-of-home care and relatives, siblings in separate living arrangements and other individuals with a significant relationship. Family contact may include:

• phone calls;
• virtual contact; and
• emails.

The Department shall assist the child and the parents in identifying individuals to include in the Family Contact Plan such as friends, relatives, and individuals with significant relationships, including former foster parents, and will make reasonable efforts to provide ongoing in-person contact between the child and these individuals, if possible.

In developing a Family Contact Plan:

• Consider first the child’s need for safety, and second, how best to facilitate the goals of family reunification and maintenance of the child’s important connections.
• Consider alternative modes of contact such as phone, mail, or virtual contact in addition to in-person contact (for example, nightly phone or video calls for the parent to read a bedtime story or say goodnight); or if in-person contact is not possible (for example, when a parent is out of state, or incarcerated in a facility that will not allow visitation, see Services for Detained or Incarcerated Parents.
• Schedule parenting time and other family contact should be scheduled to meet the family’s needs. Frequency should be increased or decreased as necessary to meet the child’s safety, permanency and well-being needs.
• Make every reasonable effort to schedule child transportation, parenting time, and other family contact during non-school hours.
• Consider information obtained from all service providers, parents, out-of-home caregivers and the child, if applicable, to assess the parent’s progress in addressing the reasons the child is in out-of-home care and the specific needs of the child to determine when to increase the frequency and duration of contact and parenting time.
• Comply with any court orders regarding family contact and parenting time.

For comprehensive guidance in developing a parenting time and Family Contact Plan, see Parenting Time Planning.

Before facilitating contact between the child and the parent or guardian:

• ask the parent or guardian if there is any court order from a Superior Court criminal court, or family court that prohibits contact between the child and the parent or guardian;
• search the Arizona Supreme Court Public Access to Court Information for any cases involving the parent or guardian; and
• do not facilitate contact between the child and the parent or guardian if an order from a Superior Court criminal case prohibits such contact.

If a child objects to parenting time, or other family contact, consult the DCS Program Supervisor to develop the family contact plan and identify services or supports to address the child’s objections, safety and emotional security.

If conflicts arise around contact and visitation:

• consider the child’s safety and well-being as the paramount concern in conflict resolution;
• prioritize the family members and siblings’ rights to contact and visitation over the needs or preferences of out-of-home care providers;
• give weight to the Family Contact Plan that best supports the case plan, even if the Family Contact Plan is less convenient or requires additional Department or provider resources; and
• if conflicts are unresolved, explore avenues for seeking resolution, such as a case plan staffing, Child and Family Team meeting, or mediation services through the court system.

Restricting Family Contact or Parenting Time

Parenting time or other family contact may only be restricted or denied between a child in out-of-home-care and the child’s parents, siblings, relatives, friends, and individuals with a significant relationship, including any former foster parents, when a court determines that the contact is contrary to the child’s safety or well-being.

If the DCS Specialist becomes aware that parenting time or other family contact may be contrary to the child’s safety or well-being, the Specialist should take the following steps:

• Staff with a DCS Program Supervisor, reviewing all case documentation related to the child’s safety and well-being in parenting time or other family contact, and assess whether there is support for the conclusion that parenting time or contact is contrary to the child’s best interest.
• Consult with the child’s counselor for an assessment of whether continued contact is contrary to the child’s best interest.
• Meet with a Unit Consultant (see the Unit Psychological Consultation Guide), provide the consultant with any behavioral health documentation related to the child’s safety and well-being during parenting time or other family contact, and obtain a recommendation regarding whether the Specialist should seek to limit or restrict contact for the well-being and safety of the child.
• Staff with an Assistant Attorney General (AAG) regarding whether there is sufficient documented evidence to support the claim that contact is contrary to the child’s best interest.
• If, after these steps, it remains the determination of the DCS Specialist and DCS Program Supervisor that parenting time or other family contact is contrary to the well-being or safety of the child, request the AAG to motion the court to limit or restrict contact between the child and the individual(s).
• Unless the court determines that parenting time or other family contact is contrary to the best interest of the child, the Specialist shall not deny contact.

Parenting Time Services and Supports

The following services or supports may be provided by the Department to support the family’s needs for parenting time and other family contact when a less restrictive plan cannot be implemented and supervision or monitoring is required to maintain child safety:

• DCS Case Aide
  • Consider referring to a DCS Case Aide when flexibility is needed in the Family Contact Plan, such as plans that include partially unsupervised parenting time or minimal monitoring of the contact.
  • DCS Case Aides may facilitate other family contact when supervision is needed to ensure the safety of the child.
  • DCS Case Aides may facilitate sibling contact, if the out-of-home caregivers are unable to facilitate.
• Supervised Visitation Only Services
  • Consider using Supervised Visitation Only services when a Family Functioning Assessment indicates that the safety and well-being of the child can only be managed by supervision of parenting time and a DCS Case Aide is not available. See Supervised Visitation Only Service Guide.
• Nurturing Parenting Program
  • Consider referring a family to Nurturing Parenting Program (NPP) services when a Family Functioning Assessment indicates taht one or more family memebers has a behavioral change goal that can be achieved by improving in one or more NPP Constrcts, and there are no available and accessible community programs that would provide the family an equivalent service.
  • NPP Providers will observe the Parent-Child interaction for thirty minutes each week to document the parents implementation of the nurturing activity practiced in the parenting skills session.
  • NPP providers will not be responsible for providing supervision of parenting time or transportation of the child.
• Clinically Supervised Parenting Time
  • Consider referring for Clinically Supervised Parenting Time when a Family Functioning Assessment indicates that supervision of parenting time requires a qualified mental health clinician to ensure the safety and well-being of the child. See Clinically Supervised Parenting Time Service Guide.

Ensure authorization for each service is requested according to the Service Referral Approval Matrix, and when completed, submit the referral packet to the appropriate Regional Resource Unit.

Marijuana

Medical Marijuana

The Arizona Medical Marijuana Act Arizona Medical Marijuana Act) enables a person (a qualifying patient) registered with the Arizona Department of Health Services (ADHS) to legally obtain, under Arizona law, an allowable amount of marijuana and possess and use the marijuana for its therapeutic effects in treating and alleviating symptoms associated with a debilitating medical condition. However, the possession, sale or transportation of marijuana is still a crime under Federal law.

Recreational Marijuana

The Responsible Adult Use of Marijuana Act enables people age 21 or over to cultivate or use marijuana or marijuana products in a responsible and lawful manner.

The DCS Specialist and DCS Program Supervisor may not restrict or deny contact or parenting time between the child and a parent who uses marijuana recreationally or is a qualifying patient because the parent uses or cultivates marijuana for recreational or medical use.

In order to recommend against contact or parenting time with a child by a parent who uses marijuana recreationally or is a qualifying patient, the DCS Specialist and DCS Program Supervisor must assess the parent’s behavior and determine whether that behavior creates an unmanageable danger to the child’s safety or well-being.

If parenting time or other contact is determined to be contrary to the child’s safety or well-being, and the child cannot be protected through a structured or supervised visit, contact the Attorney General’s Office to request that a motion be filed to restrict or prohibit contact. Restriction or denial of parenting time or other contact between the child and the child’s siblings, parents, relatives, friends, or former foster parents may occur only by court order.

Documentation

Document parenting time, and other contact in the Family Contact Plan section of the Case Plan, including:

• a plan for frequent contact between siblings if the siblings are unable to be placed together; and/or
• the Court’s finding that contact should be restricted, and the modified contact plan.

When the Specialist has assessed that parenting time and other contact is contrary to the child’s safety and well-being, document the reasons in a Note.

Maintain the NPP, CSPT, SVO or DCS case aide’s reports in the hard copy record and upload as an Artifact in Guardian.

Document any other contact between the child and the child’s siblings, family members, other relatives, friends, and any former foster parents using Notes.

Document the supervision of parenting time and other family contact using the Child and Caregiver Visitation Outline, DCS-1592A. File the form in the hard copy record.

Document approval for an additional service authorization from the Program Supervisor using Notes.

Effective Date: February 29, 2024

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/04_Out_of_Home_Care/CH4_S01%20Out-of-Home%20Dependency.htm

Chapter 4 : Section 1

Out-of-Home Dependency

Procedures

When the in-home safety analysis indicates there is no sufficient, feasible, and sustainable in-home or combination safety plan that can be implemented, and a Voluntary Placement is not appropriate, the DCS Specialist or OCWI Investigator will consult with the DCS Program Supervisor or OCWI Manager to review the case prior to submitting a Dependency Petition Worksheet to the Attorney General’s Office.

Upon approval by the DCS Program Supervisor or OCWI Manager, the DCS Specialist or OCWI Investigator may contact the Assistant Attorney General to review the case and determine whether there are legal grounds for dependency.

If the dependency petition is a supplemental petition, obtain approval from the Program Manager or OCWI Manager prior to contacting the Assistant Attorney General. The Program Manager or OCWI Manager shall participate in the dependency staffing with the Assistant Attorney General for any supplemental petition.

The DCS Specialist or OCWI Investigator should provide the following information to the Assistant Attorney General:

• the allegations against all parents;
• whether paternity is established for all children included in the petition;
• if there was a custodial court order, the name of the person who has legal custody of the children;
• the names of all persons who provided information about the allegations in the petition;
• whether the people who provided information will be available to testify;
• medical records, photographs, police reports, or other relevant documents;
• the status of other children in the home who are not included in the petition;
• any prior DCS reports on the family;
• information about other parties who should be included in the petition; and
• whether the children are subject to the Indian Child Welfare Act (ICWA).

The DCS Specialist or OWCI Investigator will prepare the Dependency Petition Worksheet and submit to the Attorney General’s Office. The DCS Specialist or OCWI Investigator will indicate on the Dependency Petition Worksheet whether the Department believes that an aggravating circumstance exists. See Selecting the Permanency Goal.

The DCS Specialist or OCWI Investigator will additionally complete the following:

• Conduct and document an extensive search for missing parents and extended family members or other significant persons as placement resources for the child if applicable. For more information, see Locating Missing Parents & Family for Notification.
• Notify Adoption Subsidy if the dependency is resulting from a disrupted adoption.
• Amend the petition if new, substantive information about the parents becomes known after the petition has been filed but before adjudication of the petition.
• Prepare a Report to the Juvenile Court for the Preliminary Protective Hearing and/or Initial Dependency Hearing.
• Submit the court report to the court no later than the day before the Preliminary Protective Hearing. If the court report is prepared for the Initial Dependency Hearing, submit the court report to the court, the Attorney General’s office, and the Foster Care Review Board at least ten days prior to the hearing. See Court Reports for further instructions on attachments and routing of the court report.
• For the Preliminary Protective Hearing and the Initial Dependency Hearing, the DCS Specialist or OCWI Investigator must document in the court report to the Juvenile Court and be prepared to communicate to the court, the Department’s efforts to identify and assess out-of-home care for the child with the child’s grandparents, great-grandparents, siblings of whole or half-blood, aunts, uncles, first cousins, and persons having a significant relationship with the child.
• Route the court report to the Juvenile Court for Preliminary Protective Hearing and/or Initial Dependency Hearing as specified in Court Reports.

Documentation

Document consultation with the DCS Program Supervisor and DCS Program Manager or OCWI Manager in the Notes Tab designated as Staffing type.

Document consultation with the Attorney General’s Office in the Notes Tab. Title the Note AG Contact and designate as AG type.

File a copy of the Dependency Petition, along with any Court Orders or Minute Entries resulting from the Initial Dependency Hearing, in the legal section of the hard copy record.

Document the decision to provide out-of-home care under a dependency by completing the Removal Details and Legal Status Tabs.

Effective Date: October 30, 2023

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/04_Out_of_Home_Care/CH4_S13%20Discipline%20Foster%20Care.htm

Chapter 4 : Section 13

Discipline in Foster Care

Procedures

Discuss discipline with all out-of-home care providers openly to facilitate a problem-solving approach, particularly when they are caring for children with difficult behavior patterns.

Reinforce that the Department considers the following to be acceptable discipline methods:

• natural and logical consequences;
• encouragement and praise;
• positive communication, active listening;
• “I” messages;
• incentives/ rewards/ motivation;
• contracting;
• redirection;
• role modeling;
• time-out; and
• removal of privileges.

Underscore that the following are unacceptable discipline methods;

• verbal abuse;
• food, water and sleep deprivation;
• cruel, severe or corporal punishment;
• physical discipline;
• deprivation of contacts from family members;
• locking up a child;
• locking a child out of a home or care facility; and
• deprivation of personal allowance provided by the Department.

Consult a supervisor immediately if you have reason to believe that a care provider may be using unacceptable methods of discipline.

Effective Date: October 30, 2023

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/05_Child_Permanency/01%20Family%20Reunification/CH5_S1%20Family%20Reunification.htm

Chapter 5 : Section 1

Family Reunification

Procedures

Reunifying the Family

Unless the court has ordered immediate reunification as a result of the Preliminary Protective Hearing and/or Initial Dependency Hearing, the Department will seek to reunify families when:

• the Conditions for Return have been met; and
• a Family Functioning Assessment has been completed (see Family Functioning Assessment – Progress Update for information on requirements for background checks prior to reunification), and the results of the in-home safety analysis indicate the child can be maintained in the home with a safety plan; or
• the parent, guardian and/or custodian’s protective capacities are sufficiently enhanced such that there is no indication of impending danger and a safety plan is not necessary.

Once the determination has been made that it is appropriate to begin the reunification transition process, convene a Permanency Team Decision Making meeting to:

• confirm agreement amongst the family members and service team regarding the change in permanency goal from family reunification to remain with family;
• identify the needs of the child and family associated with this change;
• if the parent, guardian and/or custodian’s protective capacities are sufficiently enhanced, so that there is no indication of impending danger and safety planning is not necessary, gain input from the family and service team to identify a period of time during which services and family functioning will be monitored until case closure;
• gain consensus on tasks, services, and supports to be included in the case plan to address the identified needs;
• develop a detailed reunification transition plan, taking into account the specific needs of the parents and child, particularly with respect to concrete supports, social supports and connections, parenting knowledge and skills, and the behavioral and emotional needs of the children (see Guide to Placement Transitions, CSO-3134A);
• complete the Placement Transition Checklist, CSO-3134B; and
• revise the safety plan (if needed) following the policy and procedures in Safety Planning.

Developing the Reunification Transition Plan

Prior to reunification, talk with the child, parents, guardians and/or custodians about their thoughts, feelings, worries, hopes, and practical issues that may need to be addressed during the transition. Involve the out-of-home care provider, extended family, parents, guardians and/or custodians, and service team members in discussions about their roles in supporting the child’s transition home. Discuss whether the Family Connections Program should be referred or continued to support the family’s reunification transition plan. See Parent Skill-Building Services.

Create a reunification transition plan that addresses the child and family’s needs and includes the following:

• changes to the family contact plan;
• communication and/or contact with the out-of-home caregiver to support the child’s well-being and transition home;
• specific timeframes for when activities will occur (e.g. change in services, school enrollment, return home date, etc.); and
• a specified period of time, to be determined in consultation with the family and involved service providers, for continued support and supervision.

Make active efforts to assist the parent in arranging for the child’s reunification with the family by reviewing the following areas and incorporating into the reunification transition plan actions and/or strategies to address where appropriate:

• development and early learning (applies to children with previously identified concerns with regard to development):
  • plan to address any previously identified needs or continue existing services/supports;
• educational needs:
  • confirm the parents have information about all schools (including pre-Kindergarten or another preparatory program) the child attended while in out-of-home care;
  • identify the most appropriate school placement; and
  • plan with the school to transition the child’s special education services; if applicable;
• physical health:
  • confirm the parents have information about the child’s medical providers while in out-of-home care, most recent well checks, any diagnoses, and medications;
  • provide information to the parents regarding any upcoming medical and dental appointments; and
  • ensure the parents know how to seek health insurance for the children;
• behavioral health needs:
  • if the child is receiving behavioral health services, work with the service team to create a plan for transition of services (if needed) and address any potential barriers to the child continuing to receive needed services; and
  • if the child is not currently receiving behavioral health services, provide the parents with information on how to access behavioral health services in the future should the need arise;
• child care arrangements:
  • work with the parents to ensure they have an appropriate plan in place to provide supervision for the children when needed, e.g. babysitting, afterschool program, daycare, etc.;
• community or recreational activities for the child; and
• concrete support (e.g., bed, formula, etc.) and other resources or services needed to support reunification.

Complete the Motion for Change of Physical Custody to request that the Attorney General’s Office petition the court for a change of physical custody order. Include:

• the Placement Transition Checklist, CSO-3134B;
• the results of the in-home safety analysis and justification for an in-home safety plan; or
• the results of the Family Functioning Assessment that indicate the child is safe.

Once the court has ordered the change of physical custody and the child has been returned to the parents:

• notify all required parties of the child’s new location within 24 business hours;
• end-date the Removal Detail with the date the child physically returns to the parent or, if the child is on a trial home visit while awaiting a signed change of physical custody order, the date the DCS Specialist and out-of-home caregiver are notified of the signed change of physical custody order;
• update the case plan as follows:
  • copy forward the case plan;
  • change the goal to remain with family;
  • select reasonable candidate if continued services are necessary; and
  • finalize the case plan with the original effective dates; and
• provide the parents with any documentation necessary in order for them to be able to enroll the children in school, seek medical care for the children, and to apply for state benefits on behalf of their child.

Closing the Case after Family Reunification

Petition the court to dismiss a dependency order when all of the following are true:

• A Family Functioning Assessment – Progress Update has been completed and the child is assessed as safe. Follow policy in Family Functioning Assessment – Progress Update.
• The family does not require a service that can only be provided with Department oversight.
• A supervisory case progress review was held, and the DCS Program Supervisor approves recommending dismissing the dependency.
• The DCS Specialist has met with the family and developed and documented an aftercare plan following the procedures found in Aftercare Planning and Services including providing the family with a printed copy of the aftercare plan.
• The DCS Specialist has submitted any necessary referrals to community services.
• Contact the Attorney General’s Office to arrange to petition the court to dismiss the dependency.

Once the court has signed the Order for Dismissal, ensure the case record is complete and document the case closure in the Closure Tab.

Documentation

Document the Team Decision Making meeting in the Notes Tab designated as Staffing type.

Document the transition plan in the Team Decision Making Action Plan.

Document the parent’s plan for reunification in the Family Functioning Assessment – Progress Update.

File written reports and evaluations in the hard copy case record.

Document the meeting with the child and the child’s parent or guardian and other service team members as appropriate to discuss aftercare services in the Notes Tab designated as Case Conference/Staffing type. Include documentation of the outcome of the meetings.

Document the aftercare plan in the Closure Tab.

End all service requests using the Service Requests Tab.

Effective Date: February 23, 2024

https://extranet.azdcs.gov/DCSPolicy/Content/Program%20Policy/05_Child_Permanency/02%20Adoption/CH5_S03%20Terminating%20Parental%20Rights.htm

Chapter 5 : Section 3

Terminating Parental Rights

Procedures

Considering Termination of Parental Rights

To determine that termination of parental rights is in the child’s best interest, consider all of the following factors:

• the child’s permanency goal;
• the parent’s success in achieving the behavioral changes outlined in the case plan and likelihood of imminent family reunification;
• the parent’s willingness to parent the child;
• the child’s age and willingness to consent to adoption (a child who is 12 years of age or older must consent to the adoption in open court);
• whether reunification services were ordered, but not provided;
• whether the services that were provided were culturally relevant;
• whether the provider was successful in engaging the family in the services;
• the availability of a safe, permanent home for the child or ability to identify one;
• the effects of removal from the current placement on the child’s long term emotional well-being and the caregiver’s willingness to adopt;
• compliance with Indian Child Welfare Act (ICWA) requirements including:
  • active efforts to reunify the child with the parents;
  • placement of the child according to ICWA placement preferences; and
  • ability to provide testimony that meets the standard of evidence; and
• applicability of the grounds for termination and supporting evidence.

Convene a case conference to determine whether termination of parental rights is in the child’s best interest. If there may be sufficient grounds, include the assigned Assistant Attorney General, child’s attorney and/or GAL, DCS Specialist and DCS Program Supervisor and any other team members who may have pertinent information needed to make the determination.

The DCS Program Administrator or designee must approve a recommendation that termination of parental rights is not in the child’s best interests.

Termination of parental rights is necessary when:

• the permanency goal for the child is adoption and the parent is not available or willing to consent to place the child for adoption; or

• the permanency goal for the child is something other than adoption and a continued legal relationship between parent and child would be harmful for the child.

The motion for termination of parental rights must account for any parent who has not signed a consent to place the child for adoption or whose death is not verified, unless a court order of paternity or adoption has been issued. This includes:

• any man married to the mother at the time of conception, during the pregnancy or at birth of the child, unless his paternity has been excluded or another man’s paternity is established;
• any parent named on the child’s birth certificate;
• any man named by the mother or other person as the biological father;
• any man named by the mother as possibly being the biological father;
• any man claiming to be the biological father;
• anyone who has legally adopted the child;
• any man who has filed a notice of claim of paternity for this child with the Putative Father Registry; and
• John Doe, when no father is identified on the birth certificate or by the mother, when the mother is unsure of or does not know the name of the father; and/or when multiple fathers are identified and there is the possibility of unknown potential fathers.

If a court order of paternity or adoption has been issued, only the person named in this order needs to be included in the termination petition.

If all parents have signed a valid Consent to Place Child for Adoption, CSO-1040A, a motion to terminate parental rights need not be filed, unless any parent has attempted to revoke the consent. If a motion to terminate parental rights is to be filed on any parent, the parent who has signed a consent may also be included in the severance action.

The department will provide the birth parent(s) the opportunity to complete the Birth Parent(s)’ Release of Identifying Information, CSO-1042A, to be placed in the child’s adoption record indicating the parent’s preferences regarding the sharing of information with the adoptive child and/or parent.

No confidential information relating to the adoption will remain in the parent’s case record.

If the child is or may be an Indian child, consult with the Attorney General’s Office regarding requirements of the Indian Child Welfare Act (ICWA) before planning to pursue termination of the parent-child relationship. See Termination of Parental Rights of an Indian Child.

Proceeding with Termination of Parental Rights

When the recommendation is made to proceed with termination of parental rights, complete the following:

• an extensive and documented search for relatives, if the child is not already placed in a permanent kinship placement, or placement considered to be in the best interest of the child, including submitting a locate referral to search for any missing parents and family members (follow procedures in Locating Missing Parents & Family for Notification);
• consider convening a family meeting to identify relatives or other significant persons who can provide a safe, permanent home for the child, if no permanent placement is already identified;
• meet with the assigned Assistant Attorney General to discuss the case and prepare for its presentation in court;
• inform the parent(s) of the pending court proceeding to terminate the parent-child relationship, the consequences of the proceedings and actions that the parent(s) must take including responding to the motion through the parent’s attorney or requesting the court appoint an attorney, if not already appointed.

When Termination of Parental Rights is Complete

Create a new Adoption case record for each child whose parental rights have been terminated and the case plan goal for the child is adoption, even if the order terminating parental rights has been appealed. The parent’s case record may remain open to provide ongoing case management and services to other family members or, if no services are planned, the case record is closed.

Create the new hard copy adoption case record and include the documents listed in Documents Needed for Adoption File, CSO-3208.

Documentation

When applicable, document the compelling reason that termination of parental rights is not in the child’s best interests in the Case Plan.

Document grounds for Termination of Parental Rights in Notes designated as Case Conference type.

The type of documentation needed for Termination of Parental Rights depends on the grounds upon which termination will be sought such as the following:

• Abandonment: Requires documentation of diligent efforts to locate the parent, to remain in contact with the parent, and to rehabilitate the parent. Document that the parent was informed of the child’s out-of-home placement and how the parent could provide reasonable support and maintain regular contact with the child. This requires documentation by foster parents of all contacts between the parent and child and the parent and foster parents.
• Document if an alleged parent, who is not the child’s legal parent, failed to take a test requested by the Department or ordered by the court to determine if the person was the child’s biological parent unless good cause is shown by the alleged parent for that failure.
• Abuse and neglect: Requires timely documentation of all incidents of abuse and neglect, including medical reports, police reports, and written professional opinions. Include information on the availability of eyewitnesses for testimony in court.
• Mental deficiency, mental illness or substance abuse: Requires reports that address the nature and severity of the condition, how it interferes with parenting, its likely duration and the possibility of effective treatment; also requires a psychological or psychiatric evaluation of the parent that is less than one year old.
• Incarceration-nature of the felony: Nature of felony conviction requires documentation of conviction of murder or voluntary manslaughter of another child of the parent; conviction of a felony assault that resulted in serious bodily injury to the child or another child of the parent; and aiding, attempting, conspiring or soliciting to commit murder or involuntary manslaughter of another child of the parent. All are grounds for severance regardless of the length of sentence.
• Incarceration- length of sentence: Length of sentence requires documentation of sentence expiration and the length and strength of parent-child relationship at the time of incarceration; the degree to which the parent-child relationship was continued and nurtured during incarceration; the age of the child and likelihood that incarceration will deprive the child of a normal home; the availability of another parent to provide a normal home life; and the effect of the deprivation of a parental presence on the child.
• Length of time in care: Requires documentation of contacts with the parent as well as of services offered and provided; documentation that the parent was informed of the plan and the Department’s expectations; and documentation of the parent’s progress or lack of progress in addressing the risk factors that prevent the parent from caring for the child safely at home.
• Length of time in care for a child under age 3: Requires documentation of contacts with the parent(s) and the services offered and provided within the first 6 months; documentation that the parent(s) was informed of the case plan and the Department’s expectations; documentation that the parent(s) substantially neglected or willfully refused to remedy the circumstances that caused the child to be in out-of-home placement including refusal to participate in reunification services offered by the department; and documentation of the parents’ progress or lack of progress toward addressing the safety threats that prevent the parent(s) from caring for the child safely at home.
• Relinquishment: If including a parent who has signed a consent to place the child for adoption in a petition to terminate the other parent’s rights, submit the original, signed relinquishment forms to the court.
• Paternity action: If termination is sought due to a potential father’s failure to file a paternity action within 30 days of notice, then proof of legal notice, is required.
• Notice of Claim of Paternity: If termination is sought due to the putative father’s failure to file a notice of claim of paternity, then proof from the Putative Father Registry of failure to file notice is required.
• Unknown Parent Abandonment: Requires documentation of efforts to identify and locate the unknown absent parent. Document contacts (letters, emails, telephone calls, personal interviews) with the mother or father, relatives, friends, neighbors, etc. who may know the identity and whereabouts of the unknown absent parent of the child.
• Prior Termination: Requires documentation of the prior termination including a certified copy of the Order of Termination, a copy of the petition or motion, and a copy of the social study or report that was filed with the petition or motion. Copies of current medical records, police records and psychological evaluations should also be obtained. A psychological assessment that the parent is currently unable to discharge parental responsibilities due to the same cause cited in the previous determination may be necessary.
• Re-entry: Requires documentation that the Department previously made diligent efforts to provide appropriate reunification services through: contacts with the parent; services offered and provided; evidence that the parent was informed of the plan and the Department’s expectations; and documentation of the parent’s progress toward addressing the risk factors that caused the previous removal. A copy of previous and current dependency petitions; a copy of the court order that previously returned the child to the parent’s legal custody; and the current order removing the child are also required. Copies of current medical records, police records and psychological evaluations should be obtained. A psychological assessment that the parent is currently unable to discharge parental responsibilities should also be provided.

Effective Date: February 1, 2021

https://www.azleg.gov/arsDetail/?title=8

https://www.azleg.gov/ars/8/00531.htm

8-531. Definitions

In this article, unless the context otherwise requires:

1. “Abandonment” means the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.

2. “Agency” means an agency licensed by the division to place children for adoption.

3. “Child” means a person less than eighteen years of age.

4. “Custodian” means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of a court of competent jurisdiction.

5. “Custody” or “legal custody” means a status embodying all of the following rights and responsibilities:

(a) The right to have physical possession of the child.

(b) The right and the duty to protect, train and discipline the child.

(c) The responsibility to provide the child with adequate food, clothing, shelter, education and medical care, provided that such rights and responsibilities shall be exercised subject to the powers, rights, duties and responsibilities of the guardian of the person and subject to the residual parental rights and responsibilities if they have not been terminated by judicial decree.

6. “Division” means the department.

7. “Guardian ad litem” means a person appointed by the court to protect the interest of a minor or an incompetent in a particular case before the court.

8. “Guardianship of the person” with respect to a minor means the duty and authority to make important decisions in matters affecting the minor including but not necessarily limited either in number or kind to:

(a) The authority to consent to marriage, to enlistment in the armed forces of the United States and to major medical, psychiatric and surgical treatment, to represent the minor in legal actions and to make other decisions concerning the child of substantial legal significance.

(b) The authority and duty of reasonable visitation, except to the extent that such right of visitation has been limited by court order.

(c) The rights and responsibilities of legal custody, except where legal custody has been vested in another individual or in an authorized agency.

(d) When the parent-child relationship has been terminated by judicial decree with respect to the parents, or only living parent, or when there is no living parent, the authority to consent to the adoption of the child and to make any other decision concerning the child that the child’s parents could make.

9. “Juvenile court” means the juvenile division of the superior court.

10. “Parent” means the natural or adoptive mother or father of a child.

11. “Parent-child relationship” includes all rights, privileges, duties and obligations existing between parent and child, including inheritance rights.

12. “Parties” includes the child, the petitioners and any parent of the child required to consent to the adoption pursuant to section 8-106.

https://www.azleg.gov/ars/8/00531-01.htm

8-531.01. Prohibition

Notwithstanding any other provision of this chapter, no child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner shall, for that reason alone, be considered to be an abused, neglected or dependent child.

https://www.azleg.gov/ars/8/00532.htm

8-532. Jurisdiction; dependency based termination

A. The juvenile court shall have exclusive original jurisdiction over petitions to terminate the parent-child relationship when the child involved is present in this state.

B. The juvenile court shall continue to have exclusive original jurisdiction when the juvenile is in the legal custody of the juvenile court although the physical placement of the child is in another state pursuant to court order.

C. This article does not apply to termination proceedings conducted pursuant to article 11 of this chapter except to the extent prescribed in section 8-863.

https://www.azleg.gov/ars/8/00533.htm

8-533. Petition; who may file; grounds

A. Any person or agency that has a legitimate interest in the welfare of a child, including a relative, a foster parent, a physician, the department or a private licensed child welfare agency, may file a petition for the termination of the parent-child relationship alleging grounds contained in subsection B of this section.

B. Evidence sufficient to justify the termination of the parent-child relationship shall include any one of the following, and in considering any of the following grounds, the court shall also consider the best interests of the child:

1. That the parent has abandoned the child.

2. That the parent has neglected or wilfully abused a child.  This abuse includes serious physical or emotional injury or situations in which the parent knew or reasonably should have known that a person was abusing or neglecting a child.

3. That the parent is unable to discharge parental responsibilities because of mental illness, mental deficiency or a history of chronic abuse of dangerous drugs, controlled substances or alcohol and there are reasonable grounds to believe that the condition will continue for a prolonged indeterminate period.

4. That the parent is deprived of civil liberties due to the conviction of a felony if the felony of which that parent was convicted is of such nature as to prove the unfitness of that parent to have future custody and control of the child, including murder of another child of the parent, manslaughter of another child of the parent or aiding or abetting or attempting, conspiring or soliciting to commit murder or manslaughter of another child of the parent, or if the sentence of that parent is of such length that the child will be deprived of a normal home for a period of years.

5. That the potential father failed to file a paternity action within thirty days of completion of service of notice as prescribed in section 8-106, subsection G.

6. That the putative father failed to file a notice of claim of paternity as prescribed in section 8-106.01.

7. That the parents have relinquished their rights to a child to an agency or have consented to the adoption.

8. That the child is being cared for in an out-of-home placement under the supervision of the juvenile court, the division or a licensed child welfare agency, that the agency responsible for the care of the child has made a diligent effort to provide appropriate reunification services and that one of the following circumstances exists:

(a) The child has been in an out-of-home placement for a cumulative total period of nine months or longer pursuant to court order or voluntary placement pursuant to section 8-806 and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out-of-home placement.

(b) The child who is under three years of age has been in an out-of-home placement for a cumulative total period of six months or longer pursuant to court order and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out-of-home placement, including refusal to participate in reunification services offered by the department.

(c) The child has been in an out-of-home placement for a cumulative total period of fifteen months or longer pursuant to court order or voluntary placement pursuant to section 8-806, 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 capable of exercising proper and effective parental care and control in the near future.

9. That the identity of the parent is unknown and continues to be unknown following three months of diligent efforts to identify and locate the parent.

10. That the parent has had parental rights to another child terminated within the preceding two years for the same cause and is currently unable to discharge parental responsibilities due to the same cause.

11. That all of the following are true:

(a) The child was cared for in an out-of-home placement pursuant to court order.

(b) The agency responsible for the care of the child made diligent efforts to provide appropriate reunification services.

(c) The child, pursuant to court order, was returned to the legal custody of the parent from whom the child had been removed.

(d) Within eighteen months after the child was returned, pursuant to court order, the child was removed from that parent’s legal custody, the child is being cared for in an out-of-home placement under the supervision of the juvenile court, the division or a licensed child welfare agency and the parent is currently unable to discharge parental responsibilities.

12. Clear and convincing evidence that the parent committed a sexual assault against the petitioning parent and the child was conceived as a result of the sexual assault.  If the parent who is the subject of the petition pleads guilty to or is convicted of a violation of section 13-1406 or a violation of an offense in another jurisdiction that if committed in this state would be a violation of section 13-1406, the court may accept the guilty plea or conviction as evidence that the child was conceived as a result of a sexual assault by that parent.  For the purposes of this paragraph:

(a) “Oral sexual contact” has the same meaning prescribed in section 13-1401.

(b) “Sexual assault” means intentionally or knowingly engaging in sexual intercourse or oral sexual contact with a person without the consent of that person.

(c) “Sexual intercourse” has the same meaning prescribed in section 13-1401.

C. Evidence considered by the court pursuant to subsection B of this section shall include any substantiated allegations of abuse or neglect committed in another jurisdiction.

D. In considering the grounds for termination prescribed in subsection B, paragraph 8 or 11 of this section, the court shall consider the availability of reunification services to the parent and the participation of the parent in these services.

E. In considering the grounds for termination prescribed in subsection B, paragraph 8 of this section, the court shall not consider the first sixty days of the initial out-of-home placement pursuant to section 8-806 in the cumulative total period.

F. The failure of an alleged parent who is not the child’s legal parent to take a test requested by the department or ordered by the court to determine if the person is the child’s natural parent is prima facie evidence of abandonment unless good cause is shown by the alleged parent for that failure.

https://www.azleg.gov/ars/8/00534.htm

8-534. Contents of petition

A. The petition for the termination of the parent-child relationship filed pursuant to this article shall include, to the best information or belief of the petitioner:

1. The name and place of residence of the petitioner.

2. The name, sex, date and place of birth and residence of the child.

3. The basis for the court’s jurisdiction.

4. The relationship of the petitioner to the child or the fact that no relationship exists.

5. The names, addresses and dates of birth of the parents, if known.

6. The names and addresses of the person having legal custody or guardianship of the person or acting in loco parentis to the child or the organization or authorized agency having legal custody or providing care for the child.

7. The grounds on which termination of the parent-child relationship is sought.

8. The names and addresses of the persons or authorized agency or officer thereof to whom or to which legal custody or guardianship of the person of the child might be transferred.

B. Whenever possible the court on terminating the parental rights of a birth parent in a termination of parental rights proceeding shall obtain from the birth parent a notarized statement that does both of the following:

1. Acknowledges that when the person who is the subject of the termination of parental rights proceeding reaches eighteen years of age, the person may obtain a copy of the person’s original birth certificate as provided in section 36-340.

2. Grants or withholds consent for the person who is the subject of the termination of parental rights proceeding to review adoption records, if the person is subsequently adopted, when the person reaches eighteen years of age.

C. A copy of any relinquishment or consent and the notarized consent pursuant to section 8-106, subsection F, if any, previously executed by the parent shall be attached to the petition.

https://www.azleg.gov/ars/8/00535.htm

8-535. Notice of initial hearing; waiver; guardian ad litem

A. After the petition has been filed, the clerk of the superior court shall set a time and place for the initial hearing. Notice of the initial hearing and a copy of the petition shall be given to the parents of the child, the guardian of the person of the child, the person having legal custody of the child, any individual standing in loco parentis to the child, the tribe of any Indian child as defined by the federal Indian child welfare act of 1978 (25 United States Code section 1903) and the guardian ad litem of any party as provided for service of process in civil actions. In addition to the service of process requirements in civil actions, any parent, any Indian custodian and the tribe of an Indian child shall be notified of the initial hearing by certified or registered mail, return receipt requested, as required by the federal Indian child welfare act of 1978 (25 United States Code section 1912). The notice required by this subsection shall include the following statement:

You have a right to appear as a party in this proceeding. The failure of a parent to appear at the initial hearing, the pretrial conference, the status conference or the termination adjudication hearing may result in an adjudication terminating the parent-child relationship of that parent.

B. The initial hearing shall take place not sooner than ten days after the completion of service of notice.

C. Notice and appearance may be waived by a parent before the court or in writing and attested to by two or more credible witnesses who are eighteen or more years of age subscribing their names thereto in the presence of the person executing the waiver or shall be duly acknowledged before an officer authorized to take acknowledgements by the person signing the waiver of notice and appearance. The face of the waiver shall contain language explaining the meaning and consequences of the waiver and the termination of parental rights. The parent who has executed such a waiver shall not be required to appear.

D. If a parent does not appear at the initial hearing, the court, after determining that the parent has been served with proper legal notice, may find that the parent has waived the parent’s legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may terminate the parent-child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.

E. At the initial hearing, the court shall:

1. Schedule a pretrial conference or status conference.

2. Schedule the termination adjudication hearing.

3. Instruct the parent that the failure to appear at the pretrial conference, status conference or termination adjudication hearing may result in an adjudication terminating the parent-child relationship as to a parent who does not appear.

F. On the motion of any party or on its own motion, the court shall appoint a guardian ad litem if it determines that there are reasonable grounds to believe that a party to the proceeding is mentally incompetent or is otherwise in need of a guardian ad litem.

G. The county attorney, on the request of the court or a governmental agency or on the county attorney’s own motion, may intervene in any proceedings under this article to represent the interest of the child.

H. A potential father who fails to file a paternity action within thirty days after completion of service of the notice prescribed in section 8-106, subsection G waives his right to be notified regarding the termination of parental rights and his consent to the termination of parental rights is not required.

https://www.azleg.gov/ars/8/00536.htm

8-536. Social study before disposition; contents

A. On the filing of a petition, the court shall order that the department, an agency or another person selected by the court conduct or cause to be conducted a complete social study and that a report in writing of such study be submitted to the court before a hearing. The court may order any additional social study it deems necessary. The social study shall include the circumstances of the petition, the social history, the present condition of the child and parent, proposed plans for the child and other facts pertinent to the parent-child relationship. The report submitted shall include a specific recommendation and the reasons as to whether or not the parent-child relationship should be terminated.

B. If the proposed plans for the child do not include placing the child with a grandparent or another member of the child’s extended family including a person who has a significant relationship with the child, the report shall include sufficient information for the court to determine whether such placement is in the child’s best interests.

C. The court may waive the requirement of the social study if the court finds that to do so is in the best interest of the child.

https://www.azleg.gov/ars/8/00537.htm

8-537. Termination adjudication hearing

A. If a petition for terminating the parent-child relationship is contested, the court shall hold a termination adjudication hearing within ninety days after the initial severance hearing. The general public shall be excluded and only such persons admitted whose presence the judge finds to have a direct interest in the case or the work of the court, provided that such person so admitted shall not disclose any information secured at the hearing. The court may require the presence of any parties and witnesses it deems necessary to the disposition of the petition, except that a parent who has executed a waiver pursuant to section 8-535 or who has relinquished the parent’s rights to the child shall not be required to appear at the hearing.

B. The court’s findings with respect to grounds for termination shall be based on clear and convincing evidence under the rules applicable and adhering to the trial of civil causes. The court may consider any and all reports required by this article or ordered by the court pursuant to this article and such reports are admissible in evidence without objection.

C. If a parent does not appear at the pretrial conference, status conference or termination adjudication hearing, the court, after determining that the parent has been instructed as provided in section 8-535, may find that the parent has waived the parent’s legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may terminate the parent-child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.

https://www.azleg.gov/ars/8/00538.htm

8-538. Court order; form; contents

A. Every order of the court terminating the parent-child relationship or transferring legal custody or guardianship of the person of the child or providing for protective supervision of the child shall be in writing and shall recite the findings on which the order is based, including findings pertaining to placement of the child and the court’s jurisdiction.  The order is conclusive and binding on all persons from the date of entry.

B. If the court finds grounds for the termination of the parent-child relationship it shall terminate the relationship and take one of the following courses of action:

1. Appoint an individual as guardian of the child.

2. Appoint an individual as the child’s guardian and vest legal custody in another individual or in an authorized agency.

C. If the court finds that placement with a grandparent or another member of the child’s extended family including a person who has a significant relationship with the child is not in the child’s best interests, the court shall make specific written findings in support of its decision.

D. The court shall also make an order fixing responsibility for the child’s support. The parent-child relationship may be terminated with respect to one parent without affecting the relationship between the child and the other parent.

E. If the court does not order termination of the parent-child relationship, it shall dismiss the petition, provided that if the court finds that the best interests of the child require substitution or supplementation of parental care and supervision, the court shall make such orders as it deems necessary.

https://www.azleg.gov/ars/8/00539.htm

8-539. Effect of court order

An order terminating the parent-child relationship shall divest the parent and the child of all legal rights, privileges, duties and obligations with respect to each other except the right of the child to inherit and support from the parent. This right of inheritance and support shall only be terminated by a final order of adoption.

https://www.azleg.gov/ars/8/00540.htm

8-540. Court costs

A. There shall be no fees assessed for the filing of a petition to terminate the parent-child relationship.

B. All court costs, including the cost of giving notice and advertising shall be paid by the petitioners if the court so orders. The court may suspend such costs where payment would work a hardship upon the petitioner, or would be otherwise inappropriate.

https://www.azleg.gov/ars/8/00541.htm

8-541. Records; disclosure; exception

A. All files, records, reports and other papers compiled in accord with this article, whether filed in or in possession of the court, a child placement agency or other agency or association, are subject to disclosure pursuant to sections 8-807 and 8-807.01.

B. This section does not prohibit persons employed by the court, the division or a licensed child welfare agency from conducting the investigations or performing other duties pursuant to this article and done within the normal course of their employment.

https://www.azleg.gov/ars/8/00542.htm

8-542. Confidentiality of information; violation; classification

A. It is unlawful, except for purposes for which files and records or social records or parts of or information from files and records or social records have been released pursuant to section 8-541, or except for purposes permitted by order of the court, for any person to knowingly disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of, any information involved in any proceeding under this article directly or indirectly derived from the files, records, reports or other papers compiled pursuant to this article or acquired in the course of the performance of official duties.

B. A person who knowingly discloses information in violation of this section is guilty of a class 2 misdemeanor.

C. This section does not prohibit persons employed by the court, the division or a licensed child welfare agency from conducting the investigations or performing other duties pursuant to this article and done within the normal course of their employment.

https://www.azleg.gov/ars/8/00543.htm

8-543. Sibling information exchange program; definition

A. The administrative office of the courts shall establish a sibling information exchange program to facilitate contact between a former dependent child and the child’s sibling or siblings.

B. The following persons may participate in the program:

1. An adult who is a former dependent child.

2. A juvenile who is a former dependent child, through any of the following:

(a) The juvenile’s adoptive parent.

(b) The juvenile’s guardian.

(c) The juvenile’s biological parent if that person has legal custody of the child and is not a party to a pending dependency proceeding.

3. The adult sibling of a former dependent child.

C. A person participating in the program shall use a confidential intermediary who is certified pursuant to section 8-134. The confidential intermediary may access court, division and agency records. The confidential intermediary must keep confidential all information the intermediary obtains during the course of the investigation and may use this information only to arrange a contact or to share information between the person who initiates the search and the person who is the subject of the search.  The confidential intermediary shall not contact any person who is under eighteen years of age.

D. If a former dependent child does not wish to be contacted by the child’s sibling or siblings the former dependent child may file an affidavit so stating with the court.  If an affidavit is part of the court record, the confidential intermediary shall not make contact with the former dependent child unless the former dependent child withdraws the affidavit and grants permission in writing or the former dependent child has filed an affidavit stating that the former dependent child knows about the sibling or siblings and wishes to make contact with the sibling or siblings.

E. The supreme court shall adopt rules necessary to implement the sibling information exchange program.

F. For the purposes of this section, “sibling” includes a person who shares a common biological parent, stepparent or adoptive parent.

https://www.azleg.gov/ars/8/00544.htm

8-544. Termination decrees of other states

When the relationship of parent and child has been terminated by judicial decree in another state, such decree shall have the same force and effect as to matters within the jurisdiction of this state as though it had been granted by a court of this state.

https://www.azleg.gov/ars/8/00547.htm

8-547. Restoration of parent-child relationship; definitions

A. If a child’s parent-child relationship has been terminated pursuant to article 5 of this chapter, the department, the child, an Indian child’s tribe, the child’s attorney or guardian ad litem or the child’s parent may petition to have the child’s parent-child relationship restored if all of the following apply:

1. The child is in the care or custody of the department.

2. The child has not achieved permanency, is unlikely to achieve permanency and is not in a preadoptive placement.

3. At least two years have passed since the parent-child relationship was terminated, unless there is a demonstration of good cause for an earlier filing.  The good cause basis for an earlier filing shall be included in the petition.

4. The dependency adjudication finding did not include or the parent-child relationship was not terminated because the parent committed or was found to have failed to protect a child from an act involving any of the following:

(a) Serious physical injury as defined in section 8-201.

(b) Sexual abuse or sexual conduct with a minor.

(c) Any conduct that resulted in the near death or death of a minor.

(d) A dangerous crime against children as defined in section 13-705.

B. The petition for restoration of the parent-child relationship shall include all of the following:

1. A statement explaining why the child is unlikely to obtain a permanent placement unless the child’s parent-child relationship is restored.

2. The child’s position on the restoration of the parent-child relationship.

3. The consent of the child’s parent or parents to the restoration of the parent-child relationship.

4. A statement explaining how the child’s parent or parents have demonstrated the remediation necessary for restoration of the parent-child relationship, including the ability and willingness to properly care for the child.

C. In addition to the requirements prescribed in subsection B of this section, if the department is the petitioner, the department shall include all of the following in the petition:

1. A report of an assessment conducted by the department as to whether restoration of the parent-child relationship is in the best interests of the child.

2. Documentation of the department’s diligent efforts to locate a permanent placement for the child.

D. On the filing of a petition for restoration of the parent-child relationship, if the department is not the petitioner, the court shall order the department to conduct an assessment and submit a report to the court that includes both of the following:

1. Whether restoration of the parent-child relationship is in the best interests of the child.

2. A description of the diligent efforts the department made to locate a permanent placement for the child.

E. The department shall establish policies and procedures for assessments ordered pursuant to subsection D of this section that assess the home and the parent’s or parents’ ability to ensure the physical, social, mental and emotional health and safety of the child.

F. On completion of the department’s assessment pursuant to subsection D of this section, if the court finds by clear and convincing evidence that the restoration of the parent-child relationship is in the best interests of the child, including that the return of the child would not create a substantial risk of harm to the child’s physical, social, mental or emotional health or safety, the court shall order the department to conduct a trial in-home placement of the child with the child’s parent or parents. The department shall provide an evaluation of the trial in-home placement to the court within three to six months after the start of the trial in-home placement. After receiving the department’s evaluation of the trial in-home placement, the court may grant the petition for restoration of the parent-child relationship or the court may order the department to continue the trial in-home placement. If the court orders the department to continue the trial in-home placement, the court may not grant the petition for restoration of the parent-child relationship until the department has provided the court with an updated evaluation of the trial in-home placement.  A trial in-home placement may not exceed one year.

G. The department shall establish trial in-home placement policies and procedures that include all of the following:

1. Adequate supervision of the child and the child’s parent or parents in the home.

2. Frequent communication with the child and the child’s parent or parents.

3. An individualized transition plan.

H. The department shall immediately terminate the trial in-home placement ordered pursuant to subsection F of this section if there is a substantiated report of abuse or neglect of the child by the parent or parents or if the department determines that the child’s health, safety or well-being is threatened. If the department terminates the trial in-home placement, the department shall immediately notify the court and the child’s attorney, the child’s guardian ad litem or an Indian child’s tribe.

I. After the trial in-home placement ordered pursuant to subsection F of this section, if the court finds by clear and convincing evidence both that the child’s parent or parents have demonstrated the remediation necessary for the restoration of the parent-child relationship, including the ability and willingness to properly care for the child and that the restoration of the parent-child relationship is in the best interests of the child, the court shall grant the petition. When making the best interests determination, the court shall consider the child’s position on the restoration of the parent-child relationship and any other relevant factors.

J. If a child has been adopted but the adoption has been disrupted and the child is returned to the legal care of the department, the period of time that the child was adopted before the adoption disruption may be included as part of the two-year time frame required by subsection A of this section.

K. For the purposes of this section:

1. “Achieved permanency” means a child has not been adopted or is not the subject of guardianship under sections 8-871 or 14-5201.

2. “Department” means the department of child safety.

3. “Parent” means the natural father or mother of a child whose rights have been terminated pursuant to article 5 of this chapter.

4. “Parent-child relationship” has the same meaning prescribed in section 8-531.

https://www.azleg.gov/ars/8/00821.htm

8-821. Taking into temporary custody; medical examination; forensic interview; placement; interference; violation; classification; definition

A. A child shall be taken into temporary custody only pursuant to one of the following:

1. An order of the superior court.

2. Subsection E of this section.

3. The consent of the child’s parent or guardian.

B. The superior court, on a dependency petition filed by an interested person, a peace officer, a child welfare investigator or a child safety worker under oath or on a sworn statement or testimony by a peace officer, a child welfare investigator or a child safety worker, may issue an order authorizing the department to take temporary custody of a child on finding that probable cause exists to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect and it is contrary to the child’s welfare to remain in the home.

C. If a child is taken into temporary custody pursuant to this section, the child’s sibling shall also be taken into temporary custody only if independent probable cause exists to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect.

D. If a child is taken into temporary custody pursuant to this section, the court shall order the department to initiate a due diligence search pursuant to section 8-514.07.

E. A child may be taken into temporary custody without a court order by a peace officer, a child welfare investigator or a child safety worker if temporary custody is clearly necessary to protect the child because exigent circumstances exist.

F. In determining if a child should be taken into temporary custody, the court, peace officer, child welfare investigator or child safety worker shall take into consideration as a paramount concern the child’s health and safety.

G. A person who takes a child into custody because an exigent circumstance described in subsection L, paragraph 2 of this section exists shall immediately have the child forensically interviewed by a person who is trained in forensic interviewing pursuant to a protocol established pursuant to section 8-817 and may have the child examined by a physician who is licensed pursuant to title 32, chapter 13 or 17 or a health care provider who is licensed pursuant to title 32 and who has specific training in evaluations of child abuse. After the interview or examination, or both, the person shall release the child to the custody of the parent or guardian of the child unless the interview or examination reveals abuse. Temporary custody of a child taken into custody because an exigent circumstance described in subsection L, paragraph 2 of this section exists shall not exceed twelve hours.

H. A child who is taken into temporary custody pursuant to this article shall not be held in a police station, jail or lockup where adults or juveniles who are charged with or convicted of a crime are detained.

I. A child shall not remain in temporary custody for more than seventy-two hours excluding Saturdays, Sundays and holidays unless a dependency petition is filed.

J. To execute an order authorizing temporary custody, a peace officer may use reasonable force to enter any building in which the person named in the removal authorization is or is reasonably believed to be.

K. A person who knowingly interferes with the taking of a child into temporary custody under this section is guilty of a class 2 misdemeanor.

L. For the purposes of this section, “exigent circumstances” means there is probable cause to believe that the child is likely to suffer serious harm in the time it would take to obtain a court order for removal and either of the following is true:

1. There is no less intrusive alternative to taking temporary custody of the child that would reasonably and sufficiently protect the child’s health or safety.

2. Probable cause exists to believe that the child is a victim of sexual abuse or abuse involving serious physical injury that can be diagnosed only by a physician who is licensed pursuant to title 32, chapter 13 or 17 or a health care provider who is licensed pursuant to title 32 and who has specific training in evaluations of child abuse.

https://www.azleg.gov/ars/8/00822.htm

8-822. Removal of child from home; rules and policies; approval; definition

A. The department shall adopt rules and establish clear policies and procedures, where appropriate, to:

1. Determine the circumstances under which it is appropriate to remove a child from the custody of the child’s parents, guardian or custodian.

2. Ensure the immediate notification of the child’s parents, guardian or custodian regarding the removal of the child from home, school or child care and the timely interview of the child and the child’s parent, guardian or custodian.

B. The department shall apply its rules, policies and safety assessment model prescribed in section 8-456 uniformly across this state.

C. Except as provided in subsection D of this section, the department may not remove a child from the custody of the child’s parents, guardian or custodian unless both of the following occur before the removal:

1. The child safety worker who is recommending the removal submits the reasons for removal and supporting information to the worker’s supervisor.

2. The worker’s supervisor reviews the reasons and supporting information and approves the removal.

D. If an emergency exists affecting the health or safety of a child, a child safety worker may remove the child before notifying the worker’s supervisor. The child safety worker shall submit the reasons for removal and supporting information to the worker’s supervisor for the supervisor’s review and approval within two hours after the removal of the child or, if the removal occurs after regular working hours, by 8:30 a.m. the next day.

E. For the purposes of this section, “supervisor” includes the permanent supervisor of a child safety worker and a temporary supervisor assigned to the child safety worker in the absence of the permanent supervisor.

https://www.azleg.gov/ars/8/00823.htm

8-823. Notice of taking into temporary custody

A. If a child is taken into temporary custody pursuant to this article, the interested person, peace officer or child safety worker taking the child into custody shall provide written notice within six hours to the parent or guardian of the child, unless:

1. The parent or guardian is present when the child is taken into custody, then written and verbal notice shall be provided immediately.

2. The residence of the parent or guardian is outside this state and notice cannot be provided within six hours, then written notice shall be provided within twenty-four hours.

3. The residence of the parent or guardian is not ascertainable, then reasonable efforts shall be made to locate and notify the parent or guardian of the child as soon as possible.

B. The written notice shall contain a signature line for the parent or guardian to acknowledge receipt of both written and verbal notices.  The written and verbal notices shall contain the name of the person and agency taking the child into custody, the location from which the child was taken and all of the following information:

1. Specific reasons as to why the child is being removed.  The notice shall list the specific factors that caused the determination of imminent danger.

2. Services that are available to the parent or guardian, including a statement of parental rights and information on how to contact the ombudsman-citizens aide’s office and an explanation of the services that office offers.

3. The date and time of the taking into custody.

4. The name and telephone number of the agency responsible for the child.

5. A statement of the reasons for temporary custody of the child.

6. A statement that the child must be returned within seventy-two hours excluding Saturdays, Sundays and holidays unless a dependency petition is filed and a statement that a child in temporary custody for examination because an exigent circumstance described in section 8-821, subsection L, paragraph 2 exists must be returned within twelve hours unless abuse or neglect is diagnosed.

7. One of the following:

(a) If a dependency petition has not been filed or if the information prescribed in subdivision (b) is not available, a statement that if a dependency petition is filed, the parent or guardian will be provided a written notice not later than twenty-four hours after the petition is filed that contains the information prescribed in subdivision (b).

(b) In all other cases, the date, time and place of the preliminary protective hearing to be held pursuant to section 8-824 and the requirements of subsection D of this section.

8. A statement of the right of the parent or guardian to counsel and that counsel will be appointed pursuant to section 8-221 through the juvenile court if a dependency petition is filed and the person is indigent.

9. Information regarding the ability of the person about whom the report was made to provide a verbal, telephonic or written response to the allegations.  A verbal response shall be included in the written report of the investigation.  A written response, including any documentation, shall be included in the case file.

10. A statement that the hearing may result in further proceedings to terminate parental rights.

11. A statement that the parent or guardian must immediately provide to the department the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.  If there is not sufficient information available to locate a relative or person with a significant relationship with the child, the parent shall inform the department of this fact. If the parent or guardian obtains information regarding the existence or location of a relative or person with a significant relationship with the child, the parent or guardian shall immediately provide that information to the department.

12. A statement that the parent or guardian must be prepared to provide to the court at the preliminary protective hearing the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.

C. The child safety worker shall provide the parent or guardian with the notice even if the parent or guardian refuses to sign the acknowledgment.

D. Immediately before the time of the preliminary protective hearing, the persons described in section 8-824, subsection B shall meet and attempt to reach an agreement about placement of the child, services to be provided to the child, parent or guardian and visitation of the child.  The parties shall meet with their counsel, if any, before this meeting. Consideration shall be given to the availability of reasonable services to the parent or guardian and the child’s health and safety shall be a paramount concern. The persons described in section 8-824, subsection C may attend the meeting to reach an agreement.

E. If a dependency petition is filed by the department, the child safety worker is responsible for delivering the notice of the preliminary protective hearing prescribed in subsection B, paragraph 7 of this section to the parent or guardian.  In all other cases, the person who files the dependency petition is responsible for delivery of this notice to the parent or guardian.  If the location of the parent or guardian is unknown, the person who is responsible for serving this notice shall make reasonable efforts to locate and notify the parent or guardian.

https://www.azleg.gov/ars/8/00824.htm

8-824. Preliminary protective hearing; probable cause; appointment of counsel

A. The court shall hold a preliminary protective hearing to review the taking into temporary custody of a child pursuant to section 8-821 not fewer than five days nor more than seven days after the child is taken into custody, excluding Saturdays, Sundays and holidays. If clearly necessary to prevent abuse or neglect, to preserve the rights of a party or for other good cause shown, the court may grant one continuance that does not exceed five days.

B. The following persons shall be present at the preliminary protective hearing:

1. The child’s parents or guardian, unless they cannot be located or they fail to appear in response to the notice.

2. Counsel for the parents if one has been requested or retained.

3. The child’s guardian ad litem or attorney.

4. The child safety worker and additional representatives of the department if requested by the department.

5. Counsel for the child safety worker.

C. If the court finds that it is in the best interests of the child, the court may allow the following to be present at the preliminary protective hearing:

1. The child.

2. Any relative or other interested person with whom the child is or might be placed as described in section 8-845, subsection A.

3. Witnesses called by the parties.

4. An advocate or interested person as requested by the parent or guardian.

5. Other persons who have knowledge of or an interest in the welfare of the child.

D. At the hearing, the court shall advise the parent or guardian of the following rights:

1. The right to counsel, including appointed counsel if the parent or guardian is indigent.

2. The right to cross-examine all witnesses who are called to testify against the parent or guardian.

3. The right to trial by court on the allegations in the petition.

4. The right to use the process of the court to compel the attendance of witnesses.

E. At the hearing, the court:

1. Shall receive a report of any agreement reached pursuant to section 8-823, subsection D. The report may be made orally.

2. Shall provide an opportunity for the child’s parent or guardian, if present, and any other person who has relevant knowledge, to provide relevant testimony.

3. May limit testimony and evidence that is beyond the scope of the removal of the child, the child’s need for continued protection, placement, visitation and services to be provided to the child and family.

4. May take into consideration as a mitigating factor the participation of the parent or guardian in the healthy families program established by section 8-481.

5. Shall take into consideration as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services.

6. Shall inform the child’s parent or guardian that the hearing may result in further proceedings to terminate parental rights.

7. Shall order the parent or guardian to provide the court with the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child. If there is not sufficient information available to locate a relative or person with a significant relationship with the child, the parent or guardian shall inform the court of this fact.  The court shall further order the parent or guardian to inform the department immediately if the parent or guardian becomes aware of information related to the existence or location of a relative or person with a significant relationship to the child.

8. Shall inform the parent that substantially neglecting or wilfully refusing to remedy the circumstances that cause the child to be in an out-of-home placement, including refusing to participate in reunification services, is grounds for termination of parental rights to a child.

9. Shall give paramount consideration to the health and safety of the child.

10. Shall determine whether the department is attempting to identify and assess placement of the child with a grandparent or another member of the child’s extended family including a person who has a significant relationship with the child.

11. Shall inform a foster parent, a preadoptive parent or a member of the child’s extended family with whom the department has placed the child of the right to be heard in any proceeding to be held with respect to the child.

F. The petitioner has the burden of presenting evidence as to whether there is probable cause to believe that continued temporary custody is clearly necessary to prevent abuse or neglect pending the hearing on the dependency petition.

G. The department must make reasonable efforts to place a child with siblings and, if that is not possible, to maintain frequent visitation or other ongoing contact between all siblings.

H. If the child is in the temporary custody of the department, the department shall submit not later than the day before the hearing a written report to the court and the parties that states:

1. The reasons the child was removed from the parent’s or guardian’s custody.

2. Any services that have been provided to the child or the child’s parent or guardian to prevent removal.

3. The need, if any, for continued temporary custody.

4. The types of service needed to facilitate the return of the child to the custody of the child’s parents or guardian.

5. If the child is not placed with a grandparent, whether the child has any relatives or other interested parties as described in section 8-845, subsection A who may be able and willing to take temporary custody.

6. Any services that are requested by the parent or guardian but that are not provided and the reasons the services were not provided.

7. What efforts the department has made to place siblings together, and if they are not placed together, the specific reasons why this did not occur.

8. If the placement of siblings together was not possible for all or any of the siblings, efforts the department has made to facilitate communications among siblings and a proposal for frequent visitation or contact pursuant to subsection G of this section.  If frequent visitation or contact with siblings is not recommended, the department shall state the reasons why this would be contrary to the child’s or a sibling’s safety or well-being.

9. A proposal for visitation with the child’s parents or guardian and the results of any visitation that has occurred since the child was removed.  The requirements of this paragraph do not apply to a specific parent or guardian if there is a court order relating to a criminal case that prohibits that parent or guardian from contact with the child. Before the department allows visitation it must first determine that there are no court orders relating to any superior court criminal case that prohibit the parent or guardian from contact with the child.

10. A proposed case plan for services to the family.

11. The department’s efforts to identify, notify and assess adult relatives of the child and persons with a significant relationship with the child pursuant to section 8-514.07.

I. The parent or guardian shall state whether the parent or guardian admits or denies the allegations in the petition filed pursuant to section 8-841. If the parent or guardian admits or does not contest the allegations in the petition, the court shall determine that the parent or guardian understands the rights described in subsection D of this section and that the parent or guardian knowingly, intelligently and voluntarily waives these rights.

J. At the hearing, if the child is not returned to the parent or guardian, the court shall:

1. Enter orders regarding the placement of the child pending the determination of the dependency petition and visitation, if any.

2. If a relative is identified as a possible placement for the child, notify the relative of the right to be heard in any proceeding to be held with respect to the child.

3. Determine if the tasks and services set forth in the case plan are reasonable and necessary to carry out the case plan.

https://www.azleg.gov/ars/8/00825.htm

https://www.azleg.gov/ars/8/00826.htm

8-826. Further hearings and proceedings

If a parent or guardian denies the allegations at the preliminary protective hearing the court may set the date for the dependency adjudication hearing as to that parent or guardian. An initial dependency hearing shall not be held as to that parent or guardian. The court shall also schedule the settlement conference, pretrial conference or mediation that is prescribed in section 8-844. The court shall also instruct the parent or guardian that the failure to appear at the pretrial conference, settlement conference or dependency adjudication hearing may result in an adjudication of dependency and disposition as to the parent or guardian who does not appear.

https://www.azleg.gov/ars/8/00827.htm

8-827. Background checks of adults residing in potential emergency placement homes; disqualifying criminal offenses; definitions

A. If a child is removed from the custody of the child’s parent, guardian or custodian and an emergency placement is offered by an authorized tribe, an authorized tribe may request, in accordance with the procedures prescribed in 28 Code of Federal Regulations sections 901.1 through 901.4, that each person who is at least eighteen years of age and who is residing in a home where the potential emergency placement is to be made consent to both of the following:

1. A preliminary state and federal name-based background check.

2. Within fifteen days after the date the name-based background check is conducted, the submission of a full set of the person’s fingerprints to an authorized tribe for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

B. An adult who consents to name-based and fingerprint background checks pursuant to subsection A of this section shall submit to an authorized tribe a full set of fingerprints and written permission authorizing the authorized tribe to submit the fingerprints to the department of public safety for the processing of the state and federal criminal records check.  The department of public safety shall provide the results of the name-based and fingerprint background checks to the authorized tribe that submitted the request.

C. If a name-based background check demonstrates that none of the adults residing in the home where the emergency placement is to be made has been convicted of a disqualifying criminal offense, the authorized tribe may place the child in the home pending the outcome of the fingerprint background check.

D. If an adult refuses to consent to a request by an authorized tribe for name-based and fingerprint background checks, the authorized tribe may not place the child in a home in which the adult resides or, if the child was already placed in the home, the authorized tribe shall immediately remove the child from the home.

E. If an authorized tribe requests name-based and fingerprint background checks pursuant to this section, the authorized tribe may not make an emergency placement or continue an emergency placement in a home in which an adult resident has been convicted of a disqualifying criminal offense.

F. If an emergency placement is denied as a result of a name-based background check of an adult resident and the adult resident contests the denial, the adult resident, within fifteen calendar days after the denial, may submit to the authorized tribe a complete set of fingerprints for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.

G. For the purposes of this section:

1. “Authorized tribe” means the tribal child safety unit, or its designee, that is responsible for overseeing foster care licensing for an Indian tribe located in this state and that has a valid tribal fingerprint program user agreement with the department of public safety.

2. “Disqualifying criminal offense” means an offense listed in section 41-1758.07, subsection B or C.

3. “Emergency placement” means an instance in which an authorized tribe provides protective services and places a child in the home of private individuals, including family, neighbors or friends of the child.

https://www.azleg.gov/ars/8/00829.htm

 

8-829. Judicial determinations; timing; documentation

A. If a child has been removed from the child’s home, the court shall make protecting the child from abuse or neglect the first priority and shall make the following determinations within the following time periods:

1. In the court’s first order that sanctions the removal, whether continuation of the child’s residence in the home would be contrary to the welfare of the child.  This order may be the temporary order that the court issues on the filing of a dependency petition.

2. At the preliminary protective hearing, whether the department made attempts to identify and assess placement with the child’s grandparent or another member of the child’s extended family including a person who has a significant relationship with the child.

3. Within sixty days after the child is removed from the child’s home, whether reasonable efforts have been made to prevent removal of the child or whether it was reasonable to make no efforts to prevent removal of the child.

4. If the child is not placed with a grandparent or another member of the child’s extended family including a person who has a significant relationship with the child within sixty days after the child is removed from the child’s home, why such placement is not in the best interests of the child.  The petitioner has the burden of presenting evidence that such placement is not in the child’s best interests at the first court hearing thereafter.

5. Within twelve months after the child is removed from the child’s home and once every twelve months thereafter, whether reasonable efforts have been made to finalize the existing permanency plan.

6. If the child is under three years of age, within six months after the child is removed from the child’s home, whether reasonable efforts have been made to provide reunification services to the parent and whether a parent of a child who is under three years of age has substantially neglected or wilfully refused to participate in reunification services offered by the department.

B. Within one hundred twenty days after the department submits a qualified young adult’s signed voluntary agreement to participate in an extended foster care program pursuant to section 8-521.02, the juvenile court shall determine whether the participation is in the qualified young adult’s best interest.

C. The court shall make each determination described in subsection A or B on a case-by-case basis and shall set forth in its written order the specific factual basis for each determination. In making its determination, the court shall consider documentation that is reasonably available at the time of the determination.

https://www.azleg.gov/ars/8/00831.htm

8-831. Parent’s blindness; burden of proof; specific written findings; definitions

A. A court may not do either of the following:

1. Authorize the removal of a child from the child’s home based on the blindness of the child’s parent, if it is otherwise in the best interests of the child to remain in the child’s home.

2. Refuse to allow the visitation by or reunification of a parent with a child based on the blindness of the parent, if the visitation or reunification is otherwise in the best interests of the child.

B. If a parent’s blindness is alleged to have a detrimental impact on a child, the party who raises the allegation has the burden of proving by clear and convincing evidence that the parent’s behavior endangers or is likely to endanger the health, safety or welfare of the child.

C. If the court grants removal of the child or denies or limits the parent’s visitation or reunification with the child, the court shall make specific written findings that state the basis of the removal, denial or limitation.

D. For the purposes of this section:

1. “Blindness” means having either of the following:

(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

2. “Central visual acuity of 20/200 or less” includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.

https://www.azleg.gov/ars/8/00841.htm

8-841. Dependency petition; service; preliminary orders; hearing

A. Except as provided in subsection B of this section the department or any interested party may file a petition to commence proceedings in the juvenile court alleging that a child is dependent.

B. An interested party may not file a dependency petition concerning a child who has been adjudicated delinquent and is under the jurisdiction of the juvenile court, who is awaiting delinquency adjudication or disposition or who has been released from the department of juvenile corrections within the previous six months, unless both of the following occur:

1. The interested party contacts the department pursuant to section 8-455 at least fourteen days before filing the petition and provides the department with notice of the intent to file a petition pursuant to this subsection, the allegations contained in the petition and the factual basis supporting the allegations.

2. The interested party affirms in the petition that the requirements of paragraph 1 of this subsection have been met.

C. The petition shall be verified and shall contain all of the following:

1. The name, age and address, if any, of the child on whose behalf the petition is brought.

2. The names and addresses, if known, of both parents and any guardian of the child.

3. A concise statement of the facts to support the conclusion that the child is dependent.

4. If the child was taken into temporary custody, the date and time the child was taken into custody.

5. Whether the department believes that an aggravating circumstance described in section 8-846, subsection D, paragraph 1 exists.

6. A statement whether the child is subject to the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963).

D. The person who files the petition shall have the petition and a notice served on:

1. The parents and any guardian of the child.

2. The child’s guardian ad litem or attorney.

3. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.

4. The department if the petition is filed pursuant to subsection B of this section.

E. The notice shall contain all of the following:

1. The name and address of the person to whom the notice is directed.

2. The date, time and place of the hearing on the petition.

3. The name of the child on whose behalf the petition has been filed.

4. A statement that the parent or guardian and the child are entitled to have an attorney present at the hearing and that, if the parent or guardian is indigent and cannot afford an attorney and wants to be represented by an attorney, one will be provided.

5. A statement that the parent or guardian must be prepared to provide to the court at the initial dependency hearing the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.

6. A statement that the hearing may result in further proceedings for permanent guardianship or to terminate parental rights.

7. A statement that as a result of the hearing or further proceedings, the parent or guardian could be placed on the central registry of child abuse and neglect.

F. The petition and notice shall be served on a parent or guardian as soon as possible after the petition is filed and at least five days before the initial dependency hearing if the parent or guardian did not attend the preliminary protective hearing.  If a parent or guardian does attend the preliminary protective hearing, the petition and notice shall be served at the preliminary protective hearing.

G. Except as provided in subsection H of this section, on the filing of the petition, the court may issue any temporary orders necessary to provide for the safety and welfare of the child.

H. If a petition is filed pursuant to subsection B of this section, the court may not issue any temporary orders with respect to the department, including placing the child in the department’s legal or physical custody, joining the department as a party or ordering the department to provide any services to the child or the family, without first conducting a hearing.  At the hearing, the court shall take evidence on the request of the department or a party.  The court shall provide the department and a party at least seventy-two hours’ written or electronic notice of the hearing and an opportunity to be heard as to any proposed orders.  If the department is provided proper notice and fails to appear, the court may proceed with the hearing.

https://www.azleg.gov/ars/8/00842.htm

8-842. Initial dependency hearing; deadlines

A. Except as provided in section 8-826, the court shall set the initial dependency hearing within twenty-one days after the petition is filed. If service by publication is required, the court may set an initial dependency hearing within a time period to allow for publication pursuant to the rules of procedure for the juvenile court.

B. At the initial dependency hearing, the court shall:

1. Determine if the parent or guardian is providing the court and the department with the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.

2. Determine that the department is conducting a due diligence search pursuant to section 8-514.07 and attempting to identify and assess placement of the child with a grandparent or another member of the child’s extended family including a person who has a significant relationship with the child.

3. If the child has siblings, determine that the department is attempting to identify and assess placement of the child with the child’s siblings if this is possible and is in the child’s best interests.

C. Unless the court has ordered in-home intervention, the dependency adjudication hearing shall be completed within ninety days after service of the dependency petition.

https://www.azleg.gov/ars/8/00843.htm

8-843. Initial dependency hearing; rights

A. At any dependency hearing, the court’s primary consideration shall be the protection of a child from abuse or neglect.

B. At the initial dependency hearing, the court shall ensure that the parent or guardian has been advised of the following rights:

1. The right to counsel, including appointed counsel if the parent or guardian is indigent.

2. The right to trial by the court on the allegations in the petition.

3. The right to cross-examine all witnesses that are called to testify against the parent or guardian.

4. The right to use the process of the court to compel the attendance of witnesses.

C. If the parent or guardian admits or does not contest the allegations in the petition, the court shall determine that the parent or guardian understands the rights described in subsection B of this section and that the parent or guardian knowingly, intelligently and voluntarily waives these rights.

D. If the parent or guardian denies the allegations in the petition, the court shall set the settlement conference, pretrial conference or mediation prescribed in section 8-844.

E. The court shall also determine if reasonable efforts were made to prevent or eliminate the need for removal of a child from the child’s home and if services are available that would eliminate the need for continued removal. If the child is:

1. In the custody of the department, the court shall order the department to make reasonable efforts to provide services to the child and parent to facilitate the reunification of the family, except as provided in section 8-846.

2. Not in the custody of the department and the department is not a party, the court may direct the parties to participate in reasonable services that will facilitate reunification of the family or another permanent plan for the child. The court shall not require the department to provide services pursuant to this paragraph.

F. Notwithstanding any other provision of this section, the court may stay the proceedings and order in-home intervention as provided in article 14 of this chapter.

https://www.azleg.gov/ars/8/00844.htm

8-844. Dependency adjudication hearing; settlement conference or mediation

A. Before a contested dependency case proceeds to adjudication, the court shall hold a settlement conference or pretrial conference or shall order mediation. All of the parties in the contested action shall participate in the conference or mediation.

B. The court shall take into consideration as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services.

C. If, at the dependency adjudication hearing, the court:

1. Finds by a preponderance of the evidence that the allegations contained in the petition are true, the court shall:

(a) Make the following findings as to each parent:

(i) That the court has jurisdiction over the subject matter and the person before the court.

(ii) The factual basis for the dependency.

(iii) That the child is dependent.

(b) Conduct a disposition hearing.

2. Does not find by a preponderance of the evidence that the allegations contained in the petition are true, the court shall dismiss the petition.

D. The court may adjudicate a child dependent as to one parent or guardian and proceed with a disposition, review or permanency hearing or any other hearing as to that particular parent or guardian notwithstanding another parent’s or guardian’s request to contest the allegations in the petition or that another parent or guardian has not been served.

E. The court may hold the disposition hearing on the same date as the dependency adjudication hearing or at a later date that is not more than thirty days after the date of the dependency adjudication hearing.

F. If a parent does not appear at the pretrial conference, settlement conference or dependency adjudication hearing, the court, after determining that the parent has been instructed as provided in section 8-826, may find that the parent has waived the parent’s legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may make a determination of dependency and disposition based on the record and evidence presented as provided in rules prescribed by the supreme court.

G. Evidence considered by the court in making a decision pursuant to this section shall also include any substantiated allegations of abuse or neglect committed in another jurisdiction.

https://www.azleg.gov/ars/8/00844-01.htm

8-844.01. Allegation of aggravating circumstance

At least fifteen days before the disposition hearing, the department shall give written notice to the court and the parties if the department intends to present evidence that an aggravating circumstance described in section 8-846, subsection D, paragraph 1 exists.

https://www.azleg.gov/ars/8/00845.htm

8-845. Disposition hearing

A. After receiving and considering the evidence on the proper disposition of the case, the court may place a dependent child in the care of the child’s parents, subject to the supervision of the department. If placement with the child’s parents is contrary to the child’s welfare, the court may place the child as follows in accordance with the child’s best interests:

1. With a grandparent or another member of the child’s extended family, including a person who has a significant relationship with the child.

2. In a licensed foster home.

3. In an appropriate public or private agency licensed to care for children.

4. In a suitable school.

5. In the independent living program established pursuant to section 8-521.

6. With any adult as a permanent guardian pursuant to article 12 of this chapter.

B. In reviewing the status of the child and in determining its order of disposition, the court shall consider the health and safety of the child as a paramount concern and the following criteria:

1. The goals of the placement and the appropriateness of the case plan.

2. The services that have been offered to reunite the family.

3. 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.

4. The efforts that have been made or should be made to place the child with the child’s siblings or to provide frequent visitation or contact when placement with siblings has not been possible.

C. 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 interest and that takes into consideration the placement of the child with siblings or that provides for frequent visitation or contact between siblings unless the court determines that either the placement with the siblings or the visitation or contact would be contrary to the child’s or a sibling’s safety or well-being. If the court finds that an aggravating circumstance described in section 8-846, subsection D, paragraph 1 exists, the department shall file a motion for termination of parental rights within ten business days after the date of the court order, unless termination of parental rights is not in the best interests of the child.

D. Notwithstanding subsection C of this section, reasonable efforts to place a child for adoption may be made concurrently with reasonable efforts to reunify the family.

https://www.azleg.gov/ars/8/00846.htm

8-846. Services provided to the child and family

A. Except as provided in subsections D, E and F of this section, 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 parent.

B. If the court determines that services supplemental to those provided through the department are available from another source at no cost to this state, the court may order the services on agreement of the provider.

C. The court may employ an individual or individuals to facilitate collaboration between the parties and to ensure the delivery of court-ordered services.  An employee acting in that capacity has access to all documents and information necessary to ensure service delivery regarding the child and the child’s family without obtaining prior approval from the child, the child’s family or the court. The employee may disclose documents and information the employee acquires, reviews or produces only as prescribed pursuant to section 8-807.

D. The court shall consider the following factors in determining whether reunification services are required to be provided. Reunification services are not required to be provided if the court finds by clear and convincing evidence that:

1. One or more of the following aggravating circumstances exist:

(a) A party to the action provides a verified affidavit that states that a reasonably diligent search has failed to identify and locate the parent within three months after the filing of the dependency petition or the parent has expressed no interest in reunification with the child for at least three months after the filing of the dependency petition.

(b) The parent or guardian is suffering from a mental illness or mental deficiency of such magnitude that it renders the parent or guardian incapable of benefitting from the reunification services. This finding shall be based on competent evidence from a psychologist or physician that establishes that, even with the provision of reunification services, the parent or guardian is unlikely to be capable of adequately caring for the child within twelve months after the date of the child’s removal from the home.

(c) 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 or guardian and then subsequently removed within eighteen months due to additional physical or sexual abuse.

(d) The parent or guardian committed an act that constitutes a dangerous crime against children as defined in section 13-705 or caused a child to suffer serious physical injury or emotional injury or the parent or guardian knew or reasonably should have known that another person committed an act that constitutes a dangerous crime against children as defined in section 13-705 or caused a child to suffer serious physical injury or emotional injury.

(e) The parent’s rights to another child have been terminated, the parent has not successfully addressed the issues that led to the termination and the parent is unable to discharge parental responsibilities.

(f) After a finding that a child is dependent, all of the following are true:

(i) A child has been removed from the parent or guardian on at least two previous occasions.

(ii) Reunification services were offered or provided to the parent or guardian after the removal.

(iii) The parent or guardian is unable to discharge parental responsibilities.

(g) A child who is currently under six months of age was exposed to a drug or substance as described in section 8-201, paragraph 25, subdivision (c) and both of the following are true:

(i) The parent of the child is unable to discharge parental responsibilities because of a history of chronic abuse of dangerous drugs or controlled substances.

(ii) Reasonable grounds exist to believe that the parent’s condition will continue for a prolonged or indeterminate period based on a competent opinion from a licensed health care provider with experience in the area of substance abuse disorders. For the purposes of this item “licensed health care provider” means a physician licensed pursuant to title 32, chapter 13 or 17, a psychologist licensed pursuant to title 32, chapter 19.1, a nurse practitioner licensed pursuant to title 32, chapter 15 whose population foci include psychiatric and mental health or a licensed independent addiction counselor licensed pursuant to title 32, chapter 33.

2. The parent or guardian of a child has been convicted of a dangerous crime against children as defined in section 13-705, murder or manslaughter of a child, or of sexual abuse of a child, sexual assault of a child, sexual conduct with a minor, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor or luring a minor for sexual exploitation.

3. The parent or guardian of a child has been convicted of aiding or abetting or attempting, conspiring or soliciting to commit any of the crimes listed in paragraph 2 of this subsection.

E. The court shall consider any criminal prosecution relating to the offenses that led to the child’s removal from the home and shall abide by any orders of the criminal court.  Information may be provided by law enforcement or the county attorney.

F. If a dependency petition was filed pursuant to section 8-873.01 or 8-874, subsection J, the court may direct the division not to provide reunification services to the child’s parents unless the court finds by clear and convincing evidence that these services would be in the child’s best interests.

https://www.azleg.gov/ars/8/00847.htm

8-847. Periodic review hearings

A. After the disposition hearing, the court shall hold periodic review hearings at least once every six months as required by federal law.

B. At a proceeding to review the disposition orders of the court, the court shall provide the following persons notice of the review and the right to participate in the proceeding:

1. The authorized agency charged with the child’s care and custody.

2. Any foster parents in whose home the child resided within the last six months or resides at present, except for those foster parents who maintain a receiving foster home where the child has resided for ten days or less.  The petitioner shall provide the court with the names and addresses of all foster parents who are entitled to notice pursuant to statute.

3. A shelter care facility or receiving foster home where the child resides or has resided within the last six months for more than ten days.  The petitioner shall provide the court with the names and addresses of all shelter care facilities and receiving foster homes that are entitled to notice pursuant to this paragraph.

4. The child’s parent or guardian unless the parental rights of that parent or guardian have been terminated by court action or unless the parent has relinquished rights to the child to an agency or has consented to the adoption of the child as provided in section 8-107.

5. The child, if twelve years of age or older.

6. The child’s relative, as defined in section 8-501, if that relative files a written notice of right of participation with the court.

7. A person permitted by the court to intervene as a party in the dependency proceeding.

8. A physical custodian of the child within the preceding six months.

9. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.

10. Any other person as the court may direct.

C. At the first periodic review hearing, the court shall consider whether a parent of a child who is under three years of age has substantially neglected or wilfully refused to participate in reunification services offered by the department.

D. At any periodic review hearing, the court shall consider the health and safety of the child as a paramount concern.

E. At any periodic review hearing the court shall determine:

1. Whether the department has identified and assessed placement of the child with a relative or person who has a significant relationship with the child.

2. Whether the parent or guardian has complied with the court order pursuant to section 8-824, subsection D, paragraph 6 or section 8-842 subsection B, paragraph 1.

F. If the court finds that a child is no longer dependent, before it dismisses the proceeding the court shall provide notice of the sibling information exchange program established pursuant to section 8-543 to the following:

1. An adult who is the former dependent child in the proceeding for whom the periodic review hearing is held.

2. A parent or guardian with legal custody of the former dependent child for whom the periodic review hearing is held.

https://www.azleg.gov/ars/8/00861.htm

8-861. Return of child

After the temporary custody hearing, on request of a parent or guardian the court shall order that the child be returned to the child’s parent or guardian if the court finds by a preponderance of the evidence that the return of the child would not create a substantial risk of harm to the child’s physical, mental or emotional health or safety.  The court shall consider the failure of the parent or guardian to comply with the terms of the case plan as evidence that return of the child would create a substantial risk of harm to the child.

https://www.azleg.gov/ars/8/00862.htm

8-862. Permanency hearing

A. The court shall hold a permanency hearing to determine the future permanent legal status of the child:

1. Within thirty days after the disposition hearing if the court does not order reunification services.

2. Within six months after a child who is under three years of age is removed from the child’s home.  The court shall not continue that permanency hearing beyond six months after the child who is under three years of age is removed from the child’s home unless the party who is seeking the continuance shows that the determination prescribed in section 8-829, subsection A, paragraph 6 has been made or will be made within the time prescribed in that paragraph.

3. In all other cases, within twelve months after the child is removed from the child’s home.  The court shall not continue the permanency hearing beyond twelve months after the child is removed from the child’s home unless the party who is seeking the continuance shows that the determination prescribed in section 8-829, subsection A, paragraph 5 has been made or will be made within the time prescribed in that paragraph.

B. At the permanency hearing, the court shall determine:

1. Whether termination of parental rights, adoption, permanent guardianship pursuant to section 8-872 or some other permanent legal status is the most appropriate plan for the child and shall order the plan to be accomplished within a specified period of time.

2. Whether reasonable efforts have been made to finalize the permanency plan in effect.

3. What efforts have been made in the permanency plan to place the child with the child’s siblings or to provide frequent visitation or contact, unless the court had already determined that placement with all or any siblings or visitation or contact is not possible or would be contrary to the child’s or a sibling’s safety or well-being.

C. If the court determines that the child should remain in out-of-home placement longer than eighteen 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.

D. If the court determines that the termination of parental rights is clearly in the best interests of the child, the court shall:

1. Order the department or the child’s attorney or guardian ad litem to file within ten days after the permanency hearing a motion alleging one or more of the grounds prescribed in section 8-533 for termination of parental rights.  The party who files the motion has the burden of presenting evidence at the termination hearing to prove the allegations in the motion.

2. Set a date for an initial hearing on the motion for termination of parental rights within thirty days after the permanency hearing. If the termination is contested at the initial hearing, the court shall set a date for the trial on termination of parental rights within ninety days after the permanency hearing.

E. The department shall make reasonable efforts to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child.

F. If the court determines that permanent guardianship is clearly in the best interests of the child, the court shall:

1. Order the department or the child’s attorney or guardian ad litem to file within ten days after the permanency hearing a motion alleging the grounds prescribed in section 8-871 for permanent guardianship. The party who files the motion has the burden of presenting evidence at the hearing to prove the allegations in the motion.

2. Set a date for an initial hearing on the motion for permanent guardianship within thirty days after the permanency hearing. If the permanent guardianship is contested at the initial hearing, the court shall set a date for the trial on the permanent guardianship within ninety days after the permanency hearing.

G. Evidence considered by the court in making a decision pursuant to this section also shall include any substantiated allegations of abuse or neglect committed in another jurisdiction.

H. If the court determines that termination of parental rights or permanent guardianship is clearly in the best interest of the child and the child has been placed in a prospective permanent placement, unless the action is required by federal law, state law or regulation, any action that is inconsistent with the case plan of severance and adoption, including removal of the child from that placement, may occur only by court order or if the prospective permanent placement requests the child’s removal. If a motion to change the case plan or for removal of a child is filed, a copy of the motion must be provided to the prospective permanent placement at least fifteen days before a hearing on the motion. If the prospective permanent placement does not appear at a hearing on a motion for removal, the court may not take any action on the motion unless the court finds that good faith efforts were made to provide a copy of the motion to the prospective permanent placement.  The prospective permanent placement has the right to be heard in the proceeding. This right does not require that the prospective permanent placement be made a party to the proceeding solely on the basis of that right. This subsection does not apply to any removal pursuant to section 8-456 or 8-821.  If the child is an Indian child as defined pursuant to the Indian child welfare act (25 United States Code section 1903), the court and the parties must comply with all applicable requirements of that act. For the purposes of this subsection, a prospective permanent placement includes:

1. A grandparent or another member of the child’s extended family including a person who has a significant relationship with the child.

2. A person or persons with an expressed interest in being the permanent placement for the child in a certified adoptive home where the child resides, a home that is a permanent placement for a sibling of the child or a licensed family foster home where the child resides.

I. This section does not prevent the department from presenting for the court’s consideration a grandparent or another member of the child’s extended family including a person who has a significant relationship with the child and who has not been identified as a prospective permanent placement for the child before the child’s placement with a prospective permanent placement.

https://www.azleg.gov/ars/8/00863.htm

8-863. Hearing to terminate parental rights; notice; grounds

A. At least ten days before the initial hearing on the termination of parental rights pursuant to this article, the party who is responsible for filing a motion pursuant to section 8-862, subsection D shall serve the motion on all parties as prescribed in rule 5(c) of the Arizona rules of civil procedure, including any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.

B. The court may terminate the parental rights of a parent if the court finds by clear and convincing evidence one or more of the grounds prescribed in section 8-533.

C. If a parent does not appear at the hearing, the court, after determining that the parent has been served as provided in subsection A of this section, may find that the parent has waived the parent’s legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may terminate the parent-child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.

D. Sections 8-538 and 8-539 apply to orders of termination issued pursuant to this section.

https://www.azleg.gov/ars/8/00864.htm

8-864. Timing of motions and hearings; consolidation of hearings

Notwithstanding any other statute, the court may order or permit the filing of a motion for termination or permanent guardianship before the permanency hearing is held, consolidate hearings or provide for a different order of hearings if:

1. The permanency hearing is held no later than the time prescribed in section 8-862, subsection A.

2. The termination hearing is held no later than the time prescribed in section 8-862, subsection D, paragraph 2.

3. The permanent guardianship hearing is held no later than the time prescribed in section 8-862, subsection F, paragraph 2.

https://www.azleg.gov/ars/8/00891.htm

8-891. In-home intervention

A. After the filing of a dependency petition, the court may order in-home intervention if all of the following are true:

1. The child has not been removed pursuant to article 9 of this chapter.

2. In-home intervention appears likely to resolve the risk issues described in paragraph 4 of this subsection.

3. The parent, guardian or custodian agrees to a case plan and participation in services.

4. One of the following conditions exists:

(a) The child is at risk of harm due to the inability or unwillingness of the parent, guardian or custodian to provide food, clothing, shelter or medical care.

(b) The parent, guardian or custodian is unable to provide proper care, control and supervision of the child.

B. The in-home intervention order may include a training or treatment plan for the parent, guardian or custodian and the child.

C. The in-home intervention shall include a specific time for completion of the in-home intervention, which shall not exceed one year without review and approval by the court. The court shall dismiss the dependency petition if the specific time for completion of the in-home intervention has expired without being extended by the court and a dependency adjudication hearing has not been set as provided in section 8-892.

https://www.azleg.gov/ars/8/00892.htm

8-892. Compliance

If the parent, guardian or custodian violates the in-home intervention order, the court may take whatever steps it deems necessary to obtain compliance or may rescind the order and set the dependency adjudication hearing as provided in sections 8-842 and 8-843.

https://apps.azsos.gov/public_services/CodeTOC.htm#ID21

https://apps.azsos.gov/public_services/Title_21/21-03.pdf

i
Please note that the Chapter you are about to replace may have rules still in effect after the publication date of this supplement. Therefore,
all superseded material should be retained in a separate binder and archived for future reference.
The release of this Chapter in Supp. 23-3 replaces Supp. 15-4, 1-3 pages.
TITLE 21. CHILD SAFETY
CHAPTER 3. DEPARTMENT OF CHILD SAFETY – CENTRALIZED INTAKE HOTLINE
The table of contents on page one contains links to the referenced page numbers in this Chapter.
Refer to the notes at the end of a Section to learn about the history of a rule as it was published in the Arizona Administrative Register.
This Chapter contains rules that were filed to be codified in the Arizona Administrative Code between the dates of
R21-3-202. Preliminary Screening …………………………………… 3
21 A.A.C. 3 Supp. 23-3
July 1, 2023 through September 30, 2023
Questions about these rules? Contact:
Name: Angie Trevino, Rule Development Specialist
Address: Department of Child Safety
3003 N. Central Ave.
Phoenix, AZ 85012
Telephone: (602) 619-3163
Email: angelica.trevino@azdcs.gov
Website: https://dcs.az.gov/about/dcs-rules-rulemaking
ii
Arizona Administrative Code
Publisher
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PREFACE
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ADMINISTRATIVE RULES DIVISION
RULES
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Arizona Administrative Code 21 A.A.C. 3
Administrative Rules Division
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September 30, 2023 Supp. 23-3 Page 1
TITLE 21. CHILD SAFETY
CHAPTER 3. DEPARTMENT OF CHILD SAFETY – CENTRALIZED INTAKE HOTLINE
Authority: A.R.S. § 8-453(A)(5)
Supp. 23-3
CHAPTER TABLE OF CONTENTS
Editor’s Note: Chapter 3 contains rules which were exempt from the regular rulemaking process under Laws 2014, 2nd Special Ses-
sion, Ch. 1, Sec. 158. The law required the Department to post on its website proposed exempt rulemakings for a minimum of 30 days, at
which time the public could provide written comments. In addition, at least two public hearings were held prior to the filing of the final
exempt rules. Because the Department solicited comments on its proposed exempt rules, the rules filed with the Office of the Secretary of
State are considered final exempt rules (Supp. 15-4).
ARTICLE 1. DEFINTIONS
Article 1, consisting of Section R21-3-101, made by final
exempt rulemaking at 21 A.A.R. 3247, effective January 26, 2016
(Supp. 15-4).
Section
R21-3-101. Definitions ……………………………………………………. 2
ARTICLE 2. RECEIPT AND SCREENING OF
COMMUNICATIONS
Article 2, consisting of Sections R21-3-201 through R21-3-
204, made by final exempt rulemaking at 21 A.A.R. 3247, effective
January 26, 2016 (Supp. 15-4).
Section
R21-3-201. Receipt of Information; Centralized Intake Hotline 2
R21-3-202. Preliminary Screening ……………………………………..3
R21-3-203. Disposition of Communications ………………………..3
R21-3-204. Quality Assurance ……………………………………………3
21 A.A.C. 3 Arizona Administrative Code
TITLE 21. CHILD SAFETY
CHAPTER 3. DEPARTMENT OF CHILD SAFETY – CENTRALIZED INTAKE HOTLINE
Page 2 Supp. 23-3 September 30, 2023
ARTICLE 1. DEFINTIONS
R21-3-101. Definitions
The definitions in A.R.S. §§ 8-101, 8-201, 8-501, 8-455, 8-531 and
8-801, and the following definitions apply in this Chapter and Title
21, Chapter 4:
1. “Abuse” means the same as in A.R.S. § 8-201.
2. “Centralized Intake Hotline” or “the Hotline” means the
same as in A.R.S. § 8-455.
3. “Child” means the same as in A.R.S. § 8-101.
4. “Child Safety Specialist” means the same as “child safety
worker” as in A.R.S. § 8-801.
5. “Child safety services” means the same as in A.R.S. § 8-
801.
6. “Child welfare agency” means the same as in A.R.S. § 8-
501.
7. “Criminal conduct allegation” means the same as in
A.R.S. § 8-201.
8. “Criminal investigation” means an investigation of crimi-
nal allegations conducted by a law enforcement agency.
9. “Criminal offense” means an allegation of abuse and
neglect perpetrated by someone other than a parent,
guardian, custodian, or other adult member of the child’s
household that, if true, would constitute a felony offense.
10. “Custodian” means a person defined in A.R.S. § 8-201.
11. “DCS Investigator” means a DCS employee who investi-
gates allegations of child abuse or neglect pursuant to
A.R.S. §§ 8-456 and 8-471.
12. “DCS Report” means a communication received by the
Centralized Intake Hotline that alleges child abuse or
neglect that meets the criteria for a report as set forth in
A.R.S. § 8-455.
13. “Department” or “DCS” means the Arizona Department
of Child Safety.
14. “Finding” means one of the following:
a. The Department has determined during its investiga-
tion that probable cause exists to substantiate the
allegation of abuse or neglect of a child, and
i. The specific person responsible has been iden-
tified, or
ii. The specific person responsible has not been
identified,
b. The Department has determined during its investiga-
tion that the allegation of abuse or neglect is unsub-
stantiated; or
c. After a thorough search, the Department is unable to
locate the alleged abused or neglected child.
15. “Guardian” means the same as a person who has the duty
and authority of a “Guardianship of the person” in A.R.S.
§ 8-531.
16. “Household member” means a parent, guardian, custo-
dian, or an adult who at the time of the alleged abuse or
neglect resided in the child victim’s home.
17. “Incoming communication” or “communication” means
contact with DCS concerning alleged abuse or neglect of
a child by any method that is received by or ultimately
directed to the Centralized Intake Hotline.
18. “Intake Specialist” means the same as “hotline worker” in
A.R.S. § 8-455 and means an employee of the Depart-
ment trained in Centralized Intake Hotline procedures.
19. “Investigation” means using investigative techniques to
search out and examine the facts to determine whether a
child has been abused or neglected as provided for in
A.R.S. §§ 8-456 and 8-471.
20. “Investigative protocols,” also called “Joint investigative
protocols” and “Multi-disciplinary Protocols,” means a
guide for the conduct of criminal conduct investigations
mandated by A.R.S. § 8-817.
21. “Neglect” or “neglected” means the same as in A.R.S. §
8-201.
22. “OCWI Investigator” means a DCS Investigator who is
assigned to the Office of Child Welfare Investigations,
and whose primary duties and responsibilities are pre-
scribed in A.R.S. § 8-471.
23. “Other child in the home” means a child residing in the
same home as either the alleged child victim or the
alleged perpetrator at the time of the alleged abuse or
neglect.
24. “Out-of-Home placement” means the same as in A.R.S. §
8-501.
25. “Parent” means the same as in A.R.S. § 8-501.
26. “Probable cause” means some credible evidence that
abuse or neglect occurred.
27. “PSRT” means the Department’s Protective Services
Review Team that administers the process described in
A.R.S. § 8-811 for review and appeal of proposed sub-
stantiated findings of child abuse or neglect.
28. “Reporting Source” means a person who reports child
abuse or neglect to the Department or to a peace officer as
prescribed in A.R.S. § 13-3620, even if the communica-
tion does not meet the criteria for a DCS report as set
forth in A.R.S. § 8-455.
29. “Response time” means the period of time designated by
the Hotline and begins when a DCS report is assigned to a
DCS field unit for investigation and ends when the DCS
Investigator initiates the investigation by an attempt to
make in-person contact with the alleged child victim.
Any proposed changes to the response time shall be sub-
mitted to the DCS Community Advisory Committee as
established in A.R.S. § 8-459 for review and discussion
prior to implementation.
30. “Safe haven provider” means the same as in A.R.S. § 13-
3623.01.
31. “Substantiated” means that there is probable cause to
believe the child was abused or neglected.
32. “Temporary custody” means the same as in A.R.S. § 8-
821.
33. “Unsubstantiated” means that there was insufficient evi-
dence to substantiate that the child was abused or
neglected when the finding was entered into the Depart-
ment’s case management information system.
Historical Note
New Section made by final exempt rulemaking at 21
A.A.R. 3247, effective January 26, 2016 (Supp. 15-4).
ARTICLE 2. RECEIPT AND SCREENING OF
COMMUNICATIONS
R21-3-201. Receipt of Information; Centralized Intake
Hotline
A. The Department shall operate a Centralized Intake Hotline to
receive and screen communications of suspected abuse or
neglect of a child.
B. The Department shall publicize on the Department’s website
the availability and the purposes of the Centralized Intake
Hotline.
C. The Department shall accept an anonymous communication if
the source refuses to provide identifying and contact informa-
tion.
September 30, 2023 Supp. 23-3 Page 3
Arizona Administrative Code 21 A.A.C. 3
TITLE 21. CHILD SAFETY
CHAPTER 3. DEPARTMENT OF CHILD SAFETY – CENTRALIZED INTAKE HOTLINE
D. When the Centralized Intake Hotline receives an incoming
communication, the Intake Specialist shall gather relevant
information to determine whether it meets the criteria for a
DCS Report as prescribed in A.R.S. § 8-455.
Historical Note
New Section made by final exempt rulemaking at 21
A.A.R. 3247, effective January 26, 2016 (Supp. 15-4).
R21-3-202. Preliminary Screening
The following allegations standing alone do not meet the criteria for
a DCS Report unless the communication also includes an allegation
of child abuse or neglect as defined in A.R.S. § 8-201 and otherwise
meets the criteria as set forth in A.R.S. § 8-455:
1. The child is absent from school;
2. The child is age eight years or older and has allegedly
committed a delinquent act;
3. The sibling of a child eight years or older has allegedly
committed a delinquent act;
4. The sibling or other child living in the home who is age
eight years or older allegedly committed a delinquent act
against the alleged child victim;
5. The child’s parents are absent from the home or are
unable to care for the child but made appropriate arrange-
ments for the child’s care;
6. The child is receiving treatment from an accredited Chris-
tian Science practitioner, or other religious or spiritual
healer, but the child’s health is not:
a. In imminent risk of harm; or
b. Endangered by the lack of medical care;
7. The child has minor hygienic problems;
8. The child is the subject of a custody or visitation dispute;
9. The spiritual neglect of a child or the religious practices
or beliefs to which a child is exposed;
10. The child’s parent, guardian, or custodian questions the use
of or refuses to put the child on psychiatric medication
but the child’s health is not:
a. In imminent risk of harm; or
b. Endangered by the refusal to put the child on the rec-
ommended psychiatric medicine; or
11. The child is a safe haven newborn infant. A child is con-
sidered a safe haven newborn infant if the parent or agent
of the parent voluntarily delivered the newborn to a safe
haven provider per A.R.S. §§ 8-528 and 13-3623.01; and
following a physical examination of the child at a hospital
the child is determined to be unharmed, and 30 days of
age or younger. The child shall not qualify as a safe haven
newborn infant if:
a. The physical examination results in suspicion of
abuse or neglect that meets criteria as a DCS Report;
or
b. The child is believed to be an alleged victim in an
open DCS Report.
12. The child is in the custody of the federal government, and
the alleged abuse or neglect occurred in a foreign coun-
try;
13. The suspected perpetrator is deceased and there is no
indication that the perpetrator’s death occurred during an
act of abuse or neglect against the child; or
14. The suspected perpetrator’s parental rights are terminated
as to the alleged child victim.
Historical Note
New Section made by final exempt rulemaking at 21
A.A.R. 3247, effective January 26, 2016 (Supp. 15-4).
Amended by final rulemaking at 29 A.A.R. 1697 (August
4, 2023), effective September 10, 2023 (Supp. 23-3).
R21-3-203. Disposition of Communications
A. DCS Report. If a communication meets criteria for a DCS
Report, the Intake Specialist shall:
1. Enter the DCS Report information into the Department’s
case management information system;
2. Assign an appropriate response time, ranging from an
immediate response to a response time not to exceed
seven days;
3. Immediately transmit the DCS Report to the appropriate
field unit; and
4. Inform the reporting source that the information meets
criteria for a DCS Report, that the report will be sent to a
field unit, and provide the reporting source, when identi-
fied, with contact information for the field unit.
B. Non-report. If a communication does not meet criteria for a
DCS Report, the Intake Specialist:
1. Shall record the information regarding a child who is
already in the Department’s care, custody, and control,
and forward it to the Child Safety Specialist managing
that child’s case;
2. Shall advise the reporting source to notify the appropriate
law enforcement agency of an allegation of child abuse or
neglect by a person other than a child’s parent, guardian,
custodian, or adult member of the household;
3. Shall inform the reporting source that the information
does not meet criteria for a DCS Report, and that the
information will be documented in the Department’s case
management information system; and
4. May refer the reporting source to a community resource,
when appropriate.
C. Forwarding information on non-DCS Reports. If a communi-
cation does not meet criteria for a DCS Report, the Intake Spe-
cialist shall forward the information or allegations of abuse or
neglect to:
1. The appropriate law enforcement agency concerning a
felony criminal offense against a child;
2. The DCS Office of Licensing and Regulation, if the com-
munication involves a DCS licensed out-of-home place-
ment;
3. The appropriate child protection agency, if the child lives
in another jurisdiction;
4. The appropriate licensing or certifying agency if a child is
at a state licensed or certified child care home or facility;
5. The appropriate licensing agency if a child is at a state
licensed behavioral health facility; or
6. The Arizona Department of Economic Security (DES)
Adult Protective Services if the alleged victim is over the
age of 18 years.
Historical Note
New Section made by final exempt rulemaking at 21
A.A.R. 3247, effective January 26, 2016 (Supp. 15-4).
R21-3-204. Quality Assurance
The Department shall conduct a review at least weekly of commu-
nications concerning alleged abuse or neglect of a child, which do
not meet criteria for a DCS Report, to verify the communications
are properly classified.
Historical Note
New Section made by final exempt rulemaking at 21
A.A.R. 3247, effective January 26, 2016 (Supp. 15-4).

https://apps.azsos.gov/public_services/Title_21/21-04.pdf

Arizona Administrative Code Title 21, Ch. 4
Department of Child Safety – Response to Reports
December 31, 2015 Page 1 Supp. 15-4
TITLE 21. CHILD SAFETY
CHAPTER 4. DEPARTMENT OF CHILD SAFETY – RESPONSE TO REPORTS
Authority: A.R.S. § 8-453(A)(5)
Editor’s Note: Chapter 4 contains rules which were exempt from the regular rulemaking process under Laws 2014, 2nd Special Ses-
sion, Ch. 1, Sec. 158. The law required the Department to post on its website proposed exempt rulemakings for a minimum of 30 days, at
which time the public could provide written comments. In addition, at least two public hearings were held prior to the filing of the final
exempt rules. Because the Department solicited comments on its proposed exempt rules, the rules filed with the Office of the Secretary of
State are considered final exempt rules (Supp. 15-4).
ARTICLE 1. INVESTIGATIONS
Article 1, consisting of Sections R21-4-101 through R21-4-
108, made by final exempt rulemaking at 21 A.A.R. 3252, effective
January 26, 2016 (Supp. 15-4).
Section
R21-4-101. Definitions
R21-4-102. Response Times
R21-4-103. Methods of Investigation
R21-4-104. Coordination With Law Enforcement
R21-4-105. Investigation Findings; Required Documentation
R21-4-106. Ongoing Services; Case Closure
R21-4-107. Procedures for Temporary Custody
R21-4-108. Quality Assurance
ARTICLE 1. INVESTIGATIONS
R21-4-101. Definitions
The definitions in A.R.S. §§ 8-101, 8-201, 8-455, 8-501, 8-531, and
8-801, and R21-3-101 apply in this Chapter.
Historical Note
New Section made by final exempt rulemaking at 21
A.A.R. 3252, effective January 26, 2016 (Supp. 15-4).
R21-4-102. Response Times
The DCS Investigator shall respond to the DCS report as required
under R21-3-203.
Historical Note
New Section made by final exempt rulemaking at 21
A.A.R. 3252, effective January 26, 2016 (Supp. 15-4).
R21-4-103. Methods of Investigation
A. DCS shall investigate or respond to each DCS Report by inter-
viewing or personally observing the alleged child victim,
interviewing other children and individuals, reviewing docu-
ments, and using other accepted investigative techniques, as
necessary, to gather sufficient information to:
1. Determine whether the child subject of the report is cur-
rently safe or unsafe;
2. Support or refute the allegation of abuse or neglect;
3. Determine the name, age, and condition of other children
in the home; and
4. Determine whether child safety services are needed.
B. DCS shall do the following to investigate each DCS report
unless one or more of the circumstances listed in subsection
(C) exist:
1. Contact the reporting source;
2. Review prior DCS Reports concerning the alleged child
victim;
3. Review prior DCS Reports concerning the alleged perpe-
trator;
4. Interview or facilitate the interview of the alleged child
victim or personally observe the alleged child victim;
5. Interview the alleged perpetrator;
6. Interview all other adult household members and verbal
children in the home who may have relevant information;
7. Review available court orders that restrict contact with
the child by a parent or other person in the home; and
8. Use additional investigative methods based on the factual
circumstance of the case.
C. If during the course of an investigation one or more of the fol-
lowing circumstances exists, DCS is not required to take all of
the investigative actions otherwise required by this section:
1. The family exercises their right not to cooperate under
A.R.S. § 8-803 or is unwilling or unable to cooperate;
2. Other persons who may have relevant information are
unwilling or unable to cooperate;
3. The alleged victim is currently over the age of 18 years
and the alleged perpetrator has no access to the other chil-
dren in the household;
4. The alleged child victim is deceased and no surviving
child resides in the household;
5. The alleged perpetrator resides outside Arizona and there
is no indication or information that the alleged child vic-
tim or the other children in the household are currently
being abused or neglected;
6. The alleged abuse or neglect occurred more than three
years ago and there is no indication or information that
the alleged child victim or the other children in the house-
hold are currently being abused or neglected;
7. The alleged child victim or the child victim’s family can-
not be located after DCS has made diligent efforts to
locate;
8. A law enforcement agency has investigated the specific
allegations contained in the report and the Department
has determined that the child is currently safe;
9. A law enforcement or prosecutorial agency requests that
the DCS Investigator not contact the alleged perpetrator
or other persons with relevant information; or
10. A federal or state law or court order prohibits or restricts
DCS from fully investigating the report.
D. If during the course of an investigation the DCS Investigator
gathers sufficient information to determine that the child is not
a victim of abuse or neglect, the DCS Investigator may close
the investigation.
E. A DCS Investigator shall collaborate with law enforcement
when applicable.
F. A DCS Investigator may interview a child without the prior
written consent of the parent, guardian, or custodian of the
child as set forth in A.R.S. §§ 8-802 and 8-471.
G. A DCS Investigator may exclude a parent, guardian, custo-
dian, household member, or any other individual from being
present during an interview with the alleged victim, the
alleged victim’s siblings, or other children residing in the
alleged victim’s household.
H. If a DCS Investigator discovers evidence of other incidents of
abuse or neglect that are not contained in the DCS Report, the
DCS Investigator shall make a report to the Hotline regarding
those incidents.
I. A DCS Investigator who is not assigned to OCWI may investi-
gate a DCS Report containing criminal conduct allegations, as
necessary. A DCS Investigator not assigned to OCWI will
Supp. 15-4 Page 2 December 31, 2015
Title 21, Ch. 4 Arizona Administrative Code
Department of Child Safety – Response to Reports
receive advanced training regarding joint investigation proto-
col per A.R.S. § 8-817 and forensic interview training as a pre-
requisite to investigating criminal conduct allegations. A DCS
Investigator not assigned to OCWI should receive training
consistent with A.R.S. § 8-471(D) if investigating criminal
conduct allegations.
J. If an alleged child victim resides outside the Department’s
jurisdiction, the Department shall coordinate with the appro-
priate child protection agency in the jurisdiction where the
child is located.
Historical Note
New Section made by final exempt rulemaking at 21
A.A.R. 3252, effective January 26, 2016 (Supp. 15-4).
R21-4-104. Coordination With Law Enforcement
A. In DCS Reports containing a criminal conduct allegation, a
DCS Investigator shall coordinate with law enforcement pur-
suant to the applicable Joint Investigative Protocol. In DCS
Reports that do not contain a criminal conduct allegation, a
DCS Investigator shall coordinate with law enforcement as
appropriate.
B. When a DCS Investigator investigates a DCS Report contain-
ing allegations of criminal conduct across jurisdictions, the
DCS Investigator shall follow the Joint Investigative Protocol
of the jurisdiction where the lead investigative agency is
located.
Historical Note
New Section made by final exempt rulemaking at 21
A.A.R. 3252, effective January 26, 2016 (Supp. 15-4).
R21-4-105. Investigation Findings; Required Documentation
A. After completing an investigation, the DCS Investigator or
Child Safety Specialist shall propose substantiation if there is
probable cause to believe a child was abused or neglected or, if
not, shall unsubstantiate the allegation.
B. A DCS Investigator or Child Safety Specialist shall document
the finding and the reason in the case record.
C. A DCS Supervisor shall review the proposed finding and shall
notify PSRT of a proposed substantiation.
D. DCS shall provide the parent, guardian, or custodian written
notice of the outcome of the investigation.
Historical Note
New Section made by final exempt rulemaking at 21
A.A.R. 3252, effective January 26, 2016 (Supp. 15-4).
R21-4-106. Ongoing Services; Case Closure
A DCS Investigator shall close a case if the investigation deter-
mines the child or children are not in need of child safety services,
whether or not the allegations are substantiated or unsubstantiated.
Historical Note
New Section made by final exempt rulemaking at 21
A.A.R. 3252, effective January 26, 2016 (Supp. 15-4).
R21-4-107. Procedures for Temporary Custody
A. Using a uniform safety and risk assessment tool, a DCS Inves-
tigator shall determine whether the child can remain safely in
the home or needs to be taken into temporary custody of the
Department.
B. Before taking temporary custody of a child, the Department
shall consider whether the Department may:
1. Help the family obtain resources such as emergency food,
shelter, clothing, or utilities, so that the child may safely
remain in the home;
2. Enter into an agreement with the child’s parent, guardian,
or custodian that provides for the alleged abuser to leave
the home and for remaining family members to protect
the child;
3. Help the protective parent, guardian, or custodian and the
child leave the home of the alleged abuser; and
4. Place the child in a voluntary placement agreement as
provided in A.R.S. § 8-806.
C. A DCS Investigator shall submit the reasons for temporary
custody and the supporting information to a DCS Supervisor
and obtain approval from the DCS Supervisor prior to taking
temporary custody of a child, except as provided in A.R.S. § 8-
822.
D. A DCS Investigator may take a child into temporary custody
for a period of not more than 12 hours to have the child exam-
ined by a medical doctor or psychologist, if the circumstances
indicate that there is reasonable likelihood to believe that a
child has suffered serious physical or emotional harm as pro-
vided in A.R.S. § 8-821.
E. Under A.R.S. § 8-515.05, a DCS Investigator may remove a
foster child from an out-of-home placement on an emergency
basis to protect the child from harm or risk of harm without
prior notification of the Department’s intent to remove.
Historical Note
New Section made by final exempt rulemaking at 21
A.A.R. 3252, effective January 26, 2016 (Supp. 15-4).
R21-4-108. Quality Assurance
DCS shall conduct regular reviews of responses to reports to verify
that investigations are properly conducted and procedures for tem-
porary custody are followed.
Historical Note
New Section made by final exempt rulemaking at 21
A.A.R. 3252, effective January 26, 2016 (Supp. 15-4).