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   - i - Senate Engrossed State of Arizona Senate Fiftieth Legislature First Regular Session 2011 SENATE BILL 1188 AN ACT AMENDING SECTIONS 8-103 AND 8-526, ARIZONA REVISED STATUTES; RELATING TO ADOPTION. (TEXT OF BILL BEGINS ON NEXT PAGE)   S.B. 1188 - 1 - Be it enacted by the Legislature of the State of Arizona: 1 Section 1. Section 8-103, Arizona Revised Statutes, is amended to 2 read: 3 8-103. Who may adopt 4 A. Any adult resident of this state, whether married, unmarried or 5 legally separated, is eligible to qualify to adopt children. A husband and 6 wife may jointly adopt children. 7 B. PURSUANT TO RULES ADOPTED BY THE DIVISION, THE DIVISION OR AGENCY 8 SHALL GIVE PRIMARY CONSIDERATION TO SELECTING AN ADOPTIVE PLACEMENT THAT CAN 9 BEST MEET THE CHILD'S NEEDS. IN DETERMINING WHO CAN BEST MEET THE CHILD'S 10 NEEDS, THE DIVISION OR AGENCY SHALL GIVE PRIMARY CONSIDERATION TO AN ADOPTIVE 11 PLACEMENT WITH A MARRIED MAN AND WOMAN IF ALL OTHER RELEVANT FACTORS 12 DEMONSTRATE THAT PLACEMENT WITH THAT MARRIED MAN AND WOMAN IS IN THE CHILD'S 13 BEST INTERESTS. THE DIVISION OR AGENCY SHALL CONSIDER THE FOLLOWING FACTORS 14 IN DETERMINING WHO CAN BEST MEET THE CHILD'S NEEDS: 15 1. MARITAL STATUS AND THE LENGTH AND STABILITY OF THE MARITAL 16 RELATIONSHIP OF THE ADOPTIVE PARENTS. 17 2. THE WISHES OF THE CHILD'S BIRTH PARENTS UNLESS THE PARENTAL RIGHTS 18 HAVE BEEN TERMINATED. 19 3. FAMILY RELATIONSHIPS BETWEEN THE CHILD AND THE ADOPTIVE FAMILY 20 MEMBERS. 21 4. MARITAL STATUS OF THE ADOPTIVE PARENTS. 22 5. THE FAMILY'S ABILITY TO FINANCIALLY PROVIDE FOR THE CHILD AND TO 23 MEET THE CHILD'S EMOTIONAL, PHYSICAL, MENTAL AND SOCIAL NEEDS. 24 6. THE PLACEMENT OF THE CHILD'S SIBLINGS. 25 7. THE AVAILABILITY OF RELATIVES, THE ADOPTABLE CHILD'S FORMER FOSTER 26 PARENTS OR OTHER SIGNIFICANT PERSONS TO PROVIDE SUPPORT TO THE ADOPTIVE 27 FAMILY AND CHILD. 28 C. IN EACH ADOPTION PROCEEDING THE COURT SHALL MAKE SPECIFIC WRITTEN 29 FINDINGS REGARDING THE BEST INTERESTS OF THE CHILD PURSUANT TO THIS SECTION. 30 Sec. 2. Section 8-526, Arizona Revised Statutes, is amended to read: 31 8-526. Child welfare; reporting requirements 32 A. The department shall compile the following information on a 33 semiannual basis ending March 31 and September 30 of each year: 34 1. The total number of reports received, by major category and by 35 priority. The report shall include a description of some of those incoming 36 communications determined not to meet the criteria of a report as chosen by a 37 random sample. 38 2. The number of reports not responded to, by priority, by county and 39 statewide. The report shall include a description of some of these cases as 40 chosen by random sample. 41 3. The number of reports assigned for investigation by priority and by 42 major category, by county and statewide for the current and previous 43 reporting periods. 44   S.B. 1188 - 2 - 4. The number of investigations completed by priority and by major 1 category, by county and statewide for the current and previous reporting 2 periods and as categorized by investigations that resulted in: 3 (a) A substantiated report. 4 (b) A report currently proposed for substantiation. 5 (c) An unsubstantiated report. 6 5. The number of reports assigned for investigation that remain open 7 for investigation by priority and by major category, by county and statewide 8 for the current and previous reporting periods. 9 6. Of the number of reports assigned for investigation, the percentage 10 of reports that resulted in a child being placed in out-of-home care by 11 county and statewide. 12 7. The number of newborn infants delivered to safe haven providers 13 pursuant to section 13-3623.01. 14 8. The number of children entering out-of-home care by county during 15 the reporting period, and the number and percentage of the children entering 16 out-of-home care by county during the reporting period who are voluntary 17 placements for children under eighteen years of age. 18 9. The number and percentage of children removed during the reporting 19 period, by county and statewide, who had been in out-of-home care: 20 (a) Within the previous twelve months. 21 (b) Within the previous twenty-four months, excluding the children 22 included in subdivision (a) of this paragraph. 23 10. The number and percentage of children who have remained in a 24 shelter or receiving home for more than twenty-one consecutive days, by the 25 child's age group. 26 11. The number and type of licensed foster homes and the number of 27 licensed and available spaces in those homes. 28 12. The number and type of licensed foster homes that leave the foster 29 care system and the reason for the exit. 30 13. The number of licensed foster homes that receive the required 31 visitation by case managers pursuant to section 8-516. 32 14. The number of children placed in the care, custody and control of 33 the department at the end of the reporting period and the number of these 34 children who receive the required visitation by case managers pursuant to 35 section 8-516. 36 15. The number and percentage of children who are in the care, custody 37 and control of the department at the end of the reporting period and who are 38 in out-of-home placement and as categorized by: 39 (a) Age. 40 (b) Ethnicity. 41 (c) Case plan goal. 42 (d) Type of out-of-home placement, categorized by age. 43 (e) Length of time in out-of-home placement of less than thirty days, 44 thirty-one days to twelve consecutive months, twelve to twenty-four 45   S.B. 1188 - 3 - consecutive months and more than twenty-four consecutive months, including 1 the median, average and range of the number of out-of-home placements. 2 (f) Primary legal status including voluntary placement for a child 3 under eighteen years of age, temporary custody, adjudicated dependent, free 4 for adoption, voluntary placement for a child over eighteen years of age, 5 dually adjudicated or any other legal status. 6 16. If the case plan is to return the child to the parent, the 7 percentage of parents who receive the required contact by case managers. 8 17. The number and percentage of children who left the custody of the 9 department during the reporting period by reason for leaving care and as 10 categorized by: 11 (a) Age. 12 (b) Ethnicity. 13 (c) Number of placements. 14 (d) Average length of time in care. 15 18. The number of children with a petition for termination of parental 16 rights granted and not granted during the reporting period by county and 17 statewide. 18 19. The number and percentage of children with a case plan goal of 19 adoption and who are not placed in an adoptive home at the end of the 20 reporting period and as categorized by: 21 (a) Age. 22 (b) Ethnicity. 23 (c) Average length of time in care. 24 (d) Legal status. 25 20. The number and percentage of children with a case plan goal of 26 adoption and who are placed in an adoptive home at the end of the reporting 27 period and as categorized by: 28 (a) Age. 29 (b) Ethnicity. 30 (c) Average length of time in out-of-home placement. 31 (d) Length of time from change of case plan goal to adoptive 32 placement. 33 (e) Legal status. 34 (f) MARITAL STATUS OF THE ADOPTIVE PARENT OR PARENTS. 35 21. The number of children whose adoptions were finalized during the 36 reporting period and as categorized by: 37 (a) Average length of time in out-of-home placement before adoptive 38 placement. 39 (b) Average length of time in adoptive placement before the final 40 order of adoption. 41 22. The number of children who died while in the custody of the 42 department by the county where the death occurred and as categorized by: 43 (a) The cause of death. 44 (b) The type of out-of-home placement at the time of death. 45
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