SB1660 - 551R - I Ver

 

 

 

REFERENCE TITLE: crimes against children; dependencies; omnibus

 

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

SB 1660

 

Introduced by

Senators Boyer: Kerr, Shope, Steele; Representatives Bolick, Cobb

 

 

AN ACT

 

amending sections 8-514, 12-283, 13-107, 13-705, 13-706, 13-1401, 13-3206, 13-3821 and 13-3827, Arizona Revised Statutes; amending title 13, chapter 38, article 30, Arizona Revised Statutes, by adding section 13-4254; amending section 15-203, Arizona Revised Statutes; amending title 15, chapter 2, article 2, Arizona Revised Statutes, by adding section 15-245; amending sections 41-1758.03 and 41-1758.07, Arizona Revised Statutes; relating to crimes against children.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section  1. Section 8-514, Arizona Revised Statutes, is amended to read:

START_STATUTE8-514. Placement in foster homes

A. Subject to the provisions of section 8-514.01, the division or a licensed child welfare agency if so authorized in its license may place a child in a licensed foster home for care or for adoption.   Notwithstanding any law to the contrary, the division or a licensed child welfare agency may place a child in excess of the number of children allowed and identified in a foster parent's license if the division or agency reasonably believes the foster home has the ability to safely handle additional children, there are no outstanding concerns, deficiencies, reports or investigations known by the division regarding the foster home, and the child meets any of the following criteria:

1. The child is part of a sibling group that currently resides in the foster home.

2. The child is part of a sibling group that is being considered for placement in a foster home but because of the maximum child limit would otherwise have to be separated.  

3. The child previously resided in the foster home.

4. The child is a kinship placement for the foster home.

B. The department shall place a child in the least restrictive type of placement available, consistent with the best interests of the child.   The order for placement preference is as follows:

1. With a parent.

2. With a grandparent.

3. In kinship care with another member of the child's extended family, including a person who has a significant relationship with the child.   A foster parent or kinship caregiver with whom a child under three years of age has resided for nine months or more is presumed to be a person who has a significant relationship with the child.

4. In licensed family foster care.

5. In therapeutic foster care.

6. In a group home.

7. In a residential treatment facility.

C. Notwithstanding subsection B of this section, the order for placement preference of a Native American child is as follows:

1. With a member of the child's extended family.

2. In a licensed family foster home approved or specified by the child's tribe.

3. In an Indian foster home licensed or approved by an authorized non-Indian licensing authority.

4. In an institution approved by the Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs pursuant to 25 United States Code chapter 21.

D. At the time of placement there shall be presented to the foster parents, by the agency or division placing the child, a written summary of known, unprivileged information regarding the child, including the following:

1. Demographic information.

2. Type of custody and previous placement.

3. Pertinent family information including but not limited to the names of family members who, by court order, may not visit the child.

4. Known or available medical history including but not limited to:

(a) Allergies.

(b) Immunizations.

(c) Childhood diseases.

(d) Physical disabilities.

(e) Other idiosyncrasies.

(f) The child's last doctor, if known.

5. A summary of the child's history of adjudication on acts of delinquency, as may be public record and available in the file of the clerk of the superior court.

E. The responsibility of the agency or the division for a child placed in a foster home shall be defined in writing and accepted by the person receiving the child. The agency or division shall make available to the foster parents a method of acquiring emergency information that may be necessary to deal with situations that may arise pursuant to their responsibilities as foster parents.

F. Every foster home shall maintain a record of the children received, which shall include facts in regard to the children and their care and shall be in the form and kept in the manner prescribed by the division.

G. In addition to any other relevant factors, the department shall consider the following in determining whether a placement is in the best interests of the child:

1. The caregiver is interested in providing permanence for the child if reunification efforts ultimately fail.

2. The expressed wishes of the birth parent and child, if applicable, unless the wishes are contrary to law.

3. The relationship of the caregiver with the child and the child's family.

4. The proximity of the placement home to the parents' home and the child's current school or school district.

5. The strengths and parenting style of the caregiver in relation to the child's behavior and needs.

6. The caregiver's willingness to communicate and interact with the birth family to support visitation and the reunification process.

7. The caregiver's ability and willingness to accept placement of the child and all or any of the child's siblings.

8. If any sibling will be placed separately, the caregiver's ability and willingness to provide or assist in maintaining frequent visitation or other ongoing contact between the child and the child's sibling.

9. The child's fit with the family with regard to age, gender and sibling relationships.

10. If the child has chronic behavioral health needs:

(a) Whether the child's behavior will place other children in the home at risk.

(b) The caregiver's ability to provide the necessary level of supervision to prevent harm to the child or others by the child.

11. Whether placement in the home would comply with the placement preferences prescribed by 25 United States Code section 1915, if applicable.

h. Within thirty days after a dependent child who is at least eight years of age is placed in out-of-home care, the department shall ensure that the child receives age-appropriate and developmentally appropriate materials and resources about sexual abuse, child sex trafficking and exploitation.   The materials and resources must include a definition of sexual abuse, information about the dangers of online and in-person predators and methods for reporting abuse.   The materials and resources may include a twenty-four-hour hotline telephone number. END_STATUTE

Sec.  2. Section 12-283, Arizona Revised Statutes, is amended to read:

START_STATUTE12-283. Powers and duties

A. The clerk, in addition to the other duties prescribed by law or rule of court, shall:

1. Attend each session of the court held in the county.

2. Keep a list of fees charged in actions.

3. Keep records required by law or rule of court.

4. On or before January 15 of each year, compile a report on the number of civil actions that are filed in the superior court pursuant to section 12-514 and the age of the plaintiff in each case.   The clerk shall submit the report to the governor and the legislature and provide a copy of this report to the secretary of state.

B. The clerk may provide a consumer reporting agency as defined in section 44-1691 with a copy of:

1. A court order obligating a person to pay child support or spousal maintenance.

2. An order for assignment under section 25-323 or 25-504.

C. A clerk who provides the information in subsection B of this section to a consumer reporting agency shall also provide the information to the child support enforcement administration in the department of economic security.

D. The clerk, in accordance with procedures established by the board of supervisors, may appoint deputies, clerks and assistants necessary to conduct the affairs of the office of the clerk. The appointments shall be in writing. The clerk shall be the appointing authority and shall administer and supervise all employees of the clerk's office.

E. The clerk shall submit an annual budget request, which shall be coordinated with the presiding judge, to the county board of supervisors. The clerk shall be responsible for the funds appropriated by the board to the clerk.

F. The clerk shall maintain and provide access to court records in accordance with applicable law or rule of court. The clerk shall keep a docket in the form and style as prescribed by the supreme court.

G. The clerk is responsible for the operations of the clerk's office.

H. The clerk may provide programs to assist in the enforcement of child support, spousal maintenance and parenting time and in the establishment and modification of child support.

I. The clerk shall compile and publish electronically all superior court criminal case minute entries, except as otherwise prohibited by law.   At a minimum, the information shall be arranged or searchable by the case name, the case number and the name of the judge or commissioner. END_STATUTE

Sec.  3. Section 13-107, Arizona Revised Statutes, is amended to read:

START_STATUTE13-107. Time limitations

A. A prosecution for any homicide, any conspiracy to commit homicide that results in the death of a person, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13-1423, any violation of section 13-2308.01, or 13-2308.03 or 13-3212, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.

B. Except as otherwise provided in this section and section 28-672, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:

1. For a class 2 through a class 6 felony, seven years.

2. For a misdemeanor, one year.

3. For a petty offense, six months.

C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.

D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.

E. The period of limitation does not run for a serious offense as defined in section 13-706 during any time when the identity of the person who commits the offense or offenses is unknown.

F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor.

G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal. END_STATUTE

Sec.  4. Section 13-705, Arizona Revised Statutes, is amended to read:

START_STATUTE13-705. Dangerous crimes against children; sentences; definitions

A. A person who is at least eighteen years of age and who is convicted of a dangerous crime against children in the first degree involving sexual assault of a minor who is twelve years of age or younger or sexual conduct with a minor who is twelve years of age or younger shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted.   This subsection does not apply to masturbatory contact.

B. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is under twelve years of age, second degree murder of a minor who is under twelve years of age, sexual assault of a minor who is under twelve years of age, sexual conduct with a minor who is under twelve years of age or manufacturing methamphetamine under circumstances that cause physical injury to a minor who is under twelve years of age may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted.   If a life sentence is not imposed pursuant to this subsection, the person shall be sentenced to a term of imprisonment as follows:

Minimum                                 Presumptive                         Maximum

13 years                               20 years                               27 years

C. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is twelve, thirteen or fourteen years of age, second degree murder of a minor who is twelve, thirteen or fourteen years of age, sexual assault of a minor who is twelve, thirteen or fourteen years of age, taking a child for the purpose of prostitution child sex trafficking pursuant to section 13-3206, child sex trafficking pursuant to section 13-3212, sexual conduct with a minor who is twelve, thirteen or fourteen years of age, continuous sexual abuse of a child or manufacturing methamphetamine under circumstances that cause physical injury to a minor who is twelve, thirteen or fourteen years of age or involving or using minors in drug offenses shall be sentenced to a term of imprisonment as follows:

Minimum