Arizona law sets protections and search duties for children in care

Courts appoint a lawyer for each child in dependency or parental-rights termination proceedings. This applies to children in dependency or parental-rights termination proceedings under Arizona law. The lawyer must assess whether the child can express opinions or make decisions. If the child cannot direct the case, the lawyer must use the child’s needs and wishes to guide representation. If the lawyer reasonably believes the child faces substantial harm and cannot adequately protect their own interests, the lawyer must tell the court or ask it to appoint a guardian ad litem. The court must appoint the lawyer before the first hearing. The lawyer represents the child through the proceedings.

The department checks for federal benefits for children in its care and manages benefits it receives for them. This covers children in the Department of Child Safety’s care who receive or may qualify for Social Security or veterans’ benefits. If a child is eligible or may be eligible, the department must apply for benefits. It may serve as the representative payee only while no other appropriate person is available. If the department serves as payee, it may not use the child’s money to pay for the child’s care. It may use benefits for other unmet needs and must conserve the money for the child and provide an annual accounting. The department must check within 60 days after a child enters its care. It must provide an accounting each year.

The department searches for relatives and other close adults who may be able to care for a child taken into temporary custody. This applies when a child is taken into temporary custody and covers adult relatives and people with a significant relationship with the child. The search includes interviews with the child, parent, identified relatives, and others likely to know where relatives or close adults can be found, along with searches of available records. The department must explain its search and placement efforts to the court and update its report at later review hearings. It must keep searching unless the court orders otherwise or the stated conditions for stopping the search are met. The initial search and report are due within 30 days after temporary custody begins. Updates are due at later review and permanency planning hearings.

Caregivers and placement staff may not retaliate against a child for reporting a suspected violation of the child’s rights in good faith or with a reasonable belief that the report is true. This protection covers children in the department’s care and foster parents, kinship caregivers, homes, facilities, and their employees, contractors, or agents. Retaliation includes actions that could deter a child from reporting and materially harm placement, services, education, health care, privileges, contact, or other placement conditions. Examples include disrupting placement without a documented, nonretaliatory reason, restricting activities or contact, and imposing discipline unrelated to documented conduct.

The department and law enforcement notify others about a missing child, share information, and continue search efforts. These duties apply when a child who is a court ward or in the department’s care is reported missing, abducted, or a runaway and the child’s location is unknown. If the primary investigative agency decides that contact or notice could hinder the investigation or search, the department may withhold those steps. When a child is found, the department must make in-person contact, arrange a medical exam, assess the child’s experience and placement, and consider needed support. Initial notices and requests are due immediately or within 24 hours. The department must contact law enforcement every seven days and continue efforts until the child is found or reaches adulthood.