Arizona Kinship Care Program 2016 Review: Policy and Procedures Explained

The Arizona Department of Child Safety (DCS) is dedicated to ensuring the well-being of children who have been removed from their homes. A cornerstone of this commitment is the Kinship Care Program. This program prioritizes placing children with relatives or individuals with significant relationships (“fictive kin”) when out-of-home care is necessary. This article provides a detailed review of the Arizona Kinship Care Program, focusing on the policies and procedures in place as of 2016, offering valuable insights for those seeking to understand or participate in kinship care within Arizona.

Policy Framework of Arizona Kinship Care

The core policy of the Arizona Kinship Care Program is to establish and support kinship foster care services. This approach ensures that children in DCS custody are placed in environments that are in their best interest, with caregivers who are connected to their family network. The program’s objectives are multifaceted:

  • Streamlining Services: To simplify and expedite access to necessary services and referrals for kinship families.
  • Family Preservation: To keep children connected to their families and cultural heritage whenever safely possible.
  • Meeting Children’s Needs: To address the protective, developmental, cultural, and permanency needs of children in care.
  • Sustaining Family Support: To enable families to provide ongoing support for children who cannot reside with their parents.
  • Promoting Child’s Best Interests: To always prioritize decisions and actions that serve the child’s overall well-being.

Defining Kinship Caregiver

A kinship caregiver is defined as an adult relative or fictive kin who has a significant relationship with the child and is providing care under the Department’s custody. Crucially, kinship caregivers undergo evaluation and approval by the DCS, based on a thorough assessment of their family and home environment.

Significant Relationship Criteria

The definition of a significant relationship is categorized into two types:

  • Relative: This includes individuals related by blood, marriage, adoption, or legal guardianship.
  • Fictive Kin: These are individuals not legally related but have pre-existing relationships with the child or family. This can encompass godparents, close friends, and neighbors who provide community and family connections, aiding in reducing trauma and supporting permanency goals.

It’s important to note that a foster parent or kinship caregiver who has cared for a child under three years of age for nine months or more is presumed to have a significant relationship with that child.

Diligent Relative Search and Notification

Within 30 days of taking a child into temporary custody, the DCS is required to diligently identify and notify adult relatives and individuals with significant relationships. Information regarding these efforts must be filed with the court at initial hearings, review hearings, and permanency hearings, ensuring transparency and accountability.

Kinship Caregiver Requirements

To be approved as a kinship caregiver in Arizona, certain criteria must be met:

  • Age: Caregivers must be at least 18 years old.
  • Background Checks: Fingerprinting and clearance through criminal history records checks and DCS child abuse and neglect records checks are mandatory for both the caregiver and all adults in the household. In certain cases, the fingerprint clearance card requirement may be waived by the Department based on good cause exceptions.
  • Ability to Meet Child’s Needs: Caregivers must demonstrate the capacity to meet the child’s health, safety, and overall needs.

Assessment and Notification Timeline

The DCS is mandated to initiate the assessment of a potential kinship caregiver within ten working days of a request. If the Department decides not to recommend a kinship caregiver to the Juvenile Court, written notification with specific reasons for denial, appeal rights, and grievance process information must be provided within 15 working days.

Financial and Non-Financial Support

Kinship caregivers in Arizona are entitled to a monthly kinship stipend. Furthermore, the DCS is obligated to inform caregivers about various financial benefits, including:

  • Child-Only Cash Assistance (TANF) and Nutrition Assistance: Available through the DES Family Assistance Administration (FAA).
  • Foster Care Reimbursement: Kinship caregivers who become licensed foster parents receive the same reimbursement rate as non-relative foster homes.
  • Monthly Personal and Clothing Allowance: Provided on behalf of the child.
  • Special Payments: Additional allowances that may be available to support the child’s needs.
  • Kinship Stipend: A dedicated financial support for kinship caregivers.

The DCS actively encourages and supports kinship caregivers in pursuing foster care licensure. For those who choose not to apply for financial services initially, a signed statement is obtained, but caregivers retain the right to apply for financial services at any point. Beyond financial aid, the DCS provides non-financial services to all kinship caregivers and ensures information sharing about the child to facilitate informed and effective caregiving.

Procedures for Implementing Kinship Care in Arizona

The procedures for kinship care in Arizona are designed to be thorough and child-centered, ensuring appropriate placements.

Identifying and Informing Potential Kinship Caregivers

The initial step involves identifying relatives and fictive kin who are interested in providing care. This process aligns with procedures for locating missing parents and family members for notification. For children potentially subject to the Indian Child Welfare Act (ICWA), specific placement preferences are considered.

Potential kinship caregivers must be informed about several essential requirements:

  • Minimum age of 18 years.
  • Fingerprinting and criminal history record checks for caregivers and adult household members (with potential waivers).
  • Child abuse and neglect history checks for caregivers and adult household members.
  • Provision of at least two references.
  • Agreement to personal interviews and a home visit.
  • Participation in the family assessment process by caregivers and household members.

Preliminary Assessment for Emergency Placements

In emergency placement scenarios, a preliminary kinship caregiver assessment is conducted with key steps:

  • Determining caregiver interest, both immediate and long-term.
  • Preliminary assessment of the caregiver’s ability to meet the child’s needs, including sibling groups and permanency goals. This includes willingness to maintain sibling contact if siblings are not placed together.
  • Initial checks based on criminal history, DCS records, and disclosed information from family or other sources.
  • At least one home visit to complete a Home Safety Checklist for Kinship Foster Caregiver Household (CSO-1014A).

During this preliminary assessment, DCS Specialists are responsible for:

  • Discussing the caregiver’s capacity and motivation.
  • Informing caregivers about maintaining contact with the child even if they are not recommended for placement, unless it compromises child safety.
  • Providing comprehensive information about DCS intervention, child’s needs, kinship care requirements, caregiver expectations (both from and to the Department), options for kinship care (licensed/unlicensed), parental rights, family involvement, and options for resolving disagreements.

If the assessment proceeds, prior to placement, DCS Specialists must:

  • Complete child abuse and neglect history searches for all caregivers and adult household members.
  • Review the results of these DCS records checks.
  • Address situations where a DCS record indicates safety concerns, offering opportunities for clarification and utilizing guidance documents (Assessing DCS History Guide, DCS-3391) and supervisory discussions (Assessing DCS and Criminal History for Prospective Caregivers, DCS-3392). If safety concerns remain unresolved, placement cannot be recommended, and a Kinship Placement Notification (CSO-1013A) must be sent within 15 working days.
  • Ensure completion of the Criminal History Self-Disclosure Affidavit (DCS-1078) by caregivers and all adults in the home.
  • Complete criminal history records checks with the Department of Public Safety (DPS) for all adult residents, including those without social security numbers, utilizing additional search methods when necessary.
  • Review and verify criminal records checks against self-disclosure affidavits.
  • Determine if any individual has disqualifying criminal offenses as outlined in the non-appealable section of the Criminal History Self-Disclosure Affidavit (DCS-1078). If so, placement cannot be recommended. Offer opportunities for clarification or challenge of records, directing individuals to the Criminal History Section at DPS for review requests.
  • For offenses in the appealable section of the Criminal History Self-Disclosure Affidavit (DCS-1078), waivers may be considered based on good cause criteria (Assessing Criminal History Guide, DCS-3390), again involving supervisory discussions and potential Kinship Placement Notification (CSO-1013A) if concerns persist.

For any other criminal offenses revealed, a thorough consideration is required, following approval levels in the Assessing Criminal History Guide (DCS-3390). This involves evaluating safety threats, behaviors related to the child’s entry into care, child vulnerability, criminal record extent, time elapsed since offenses, offense nature, mitigating circumstances, participation level in offense, and rehabilitation efforts.

Formal Assessment Following Emergency Placement

Within 24 hours of an emergency placement, a Service Request for a KSS Home Assessment must be initiated. A full assessment is required within 15 working days of the completed DPS check. This includes:

  • Fingerprint-based background checks for all adult household members, with instructions provided (fingerprinting instructions). Waivers may be considered for offenses appealable to the Board of Fingerprinting or based on good cause. Placement is prohibited if fingerprint-based checks are not completed by all adults. Supervisor consultation is required for any continuation of placement in homes where issues arise.
  • Interviews with potential caregivers and all household members.
  • Referral for a comprehensive family and home environment assessment.
  • Reference checks (at least two) using the Evaluation of Potential Caregiver(s) form (CSO-1106A), including at least one non-parent relative and preferably an adult child of the caregiver.
  • Assessment of the caregiver’s ability to meet child safety, well-being, and sibling needs.
  • Formal determination of whether the kinship caregiver meets all requirements.

Assessing for Non-Emergency Placements

For non-emergency placements, the same steps are initiated within 10 days. For out-of-state potential caregivers, home study requests are made following Interstate Compact on the Placement of Children (ICPC) procedures. Upon a positive assessment and best interest determination, a case conference is convened to plan a smooth transition for the child. Non-emergent placements can transition to emergency placements, requiring adherence to emergency placement procedures if circumstances change.

Medical Marijuana Considerations

The Arizona Medical Marijuana Act introduces specific considerations when evaluating kinship caregivers who are medical marijuana patients. Evaluations must address:

  • Measures to prevent child access to marijuana (labeling, secure storage, secure cultivation facilities, labeled food products).
  • Actions to prevent adverse effects on children due to marijuana use (consumption when children are not present, preventing second-hand smoke exposure).
  • Availability of another un-medicated responsible caregiver during consumption periods (especially if multiple caregivers are patients).
  • Impact of the medical condition and marijuana use on the caregiver’s ability to provide a safe home and meet the child’s needs (transportation, routine activities), including any physician concerns about caregiver capacity.

Multiple Potential Kinship Caregivers

When multiple potential kinship caregivers receive positive assessments, a family meeting is convened to seek consensus on placement, considering:

  • Each caregiver’s ability and willingness to meet short and long-term needs (safety, sibling placement, proximity to parents/school/community, language, cultural support).
  • Child’s existing relationship with each caregiver.
  • Each caregiver’s capacity to support the case plan.
  • Each caregiver’s potential to finalize permanency plans (guardianship, adoption).

If consensus is unattainable, factors are reconsidered, prioritizing the caregiver who best meets the child’s needs, facilitates sibling contact, and supports parental/family connections (unless court-determined otherwise). Unselected potential kinship caregivers receive a Kinship Placement Notification (CSO-1013A) within 15 working days.

Post-Selection Procedures

Upon court approval of a kinship placement, children are placed following standard out-of-home care placement procedures. A Service Request for kinship navigation is initiated to provide ongoing support. Kinship caregivers are informed of available services, including health services, parent aides, respite care, case management, transportation, housing support, parenting skills training, counseling, emergency services, licensing opportunities, and other necessary services or funding for enrichment activities. Caregivers receive and review the Kinship Foster Care for Relatives Caring for Children in DCS Custody Booklet (CSO-1047A). For infants, Safe Sleep Flyer (CSO-1302A) and Infant Care Plans are implemented as needed. Placement Service Requests, Safety Plans (CSO-1034B), Motions for Change of Physical Custody (if applicable), and Kinship Placement Agreements (CSO-1129A) are completed. Caregivers interested in foster home licensure are directed to the DCS Foster website for guidance.

Child-Only Cash Assistance (TANF) Application

If kinship caregivers wish to apply for Child-Only Cash Assistance (TANF), they are provided with the FA-001 application, assisted in completion, and informed about the FAA interview process. DCS Specialists submit the application with court orders to FAA Certified Document Services. Nutrition Assistance referrals are handled separately if household income exclusion is preferred for TANF applications. Caregivers can apply for financial benefits at any time, regardless of prior declinations.

Placement Disruption Protocol

In the event of placement disruption, DCS Specialists must re-contact and reassess all previously interested and eligible relatives or significant persons.

Documentation Requirements

Thorough documentation is essential throughout the kinship care process. Relative Information Notes must document:

  • Caregiver’s legal name, DOB, address, phone number, citizenship status.
  • Discussions regarding caregiver willingness and ability.
  • Dates and results of child protective services history searches.
  • Dates of fingerprint clearance or waiver approvals.
  • Dates of Kinship Placement Notifications (CSO-1013A).
  • Reasons for selecting a specific kinship family.
  • Child-caregiver relationship.
  • Reasons for sibling separation, if applicable.

Upon approval, Placement Administration ensures the kinship caregiver is registered as a Provider. Forms like the Criminal History Self-Disclosure Affidavit (DCS-1078), Home Safety Checklist (CSO-1014A), and Kinship Placement Notification (CSO-1013A) are filed in case records. The Kinship Placement Decision Tool (DCS-3393) is uploaded as an artifact in Guardian. Discussions with supervisors regarding criminal backgrounds and caregiver approvals/denials are documented in Notes, along with DPS check completion details.

This comprehensive review of the Arizona Kinship Care Program as of 2016 highlights the state’s commitment to prioritizing family-based care for children in the child welfare system. The detailed policies and procedures aim to ensure child safety, promote family connections, and provide necessary support to kinship caregivers, reflecting a balanced approach to child welfare.

Alt text: CSO-1014A form, Home Safety Checklist for Arizona Kinship Foster Caregiver Household, used by DCS for assessing home safety.

Alt text: CSO-1013A form, Kinship Placement Notification from Arizona DCS, used to notify potential caregivers of placement decisions.

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