§ 7-102 Foster Care Review

A. Definitions. In this section, the following definitions apply: “In camera inspection” means a judge’s inspection of a document which is the subject of a request for disclosure before ruling on its release. “Child” means “any person under eighteen years of age” as provided in A.R.S. § 8-101(4). “Child Welfare Agency”:

(a) Means:

(i) Any agency or institution maintained by a person, firm, corporation, association or organization to receive children for care and maintenance or for twenty-four-hour social, emotional or educational supervised care or who have been adjudicated as a delinquent or dependent child.

(ii) Any institution that provides care for unmarried mothers and their children.

(iii) Any agency that is maintained by this state, a political subdivision of this state or a person, firm, corporation, association or organization to place children or unmarried mothers in a foster home.

(b) Does not include state-operated institutions or facilities, detention facilities for children established by law, health care institutions that are licensed by the department of health services pursuant to title 36, chapter 4 or private agencies that exclusively provide children with social enrichment or recreational opportunities and that do not use restrictive behavior management techniques, as provided in A.R.S. § 8-501(A)(2). “Out-of-home placement” means “the placing of a child in the custody of an individual or agency other than with the child’s parent or legal guardian and includes placement in temporary custody pursuant to section 8-821, voluntary placement pursuant to section 8-806 or placement due to dependency actions” as provided in A.R.S. § 8-501(A)(10). “Petition” means “a written statement of the essential facts that allege . . . dependency” as provided in A.R.S. § 8-201(27). “Party” means “a child, parent, guardian, DCS, any petitioner, and any person, Indian Tribe, or entity that the court has allowed to intervene” as provided in Rule 302(c), Arizona Rules of Procedure for the Juvenile Court. “Participant” includes “any person permitted by the court or authorized by law to participate in the proceedings” as provided in Rule 302(d), Arizona Rules of Procedure for the Juvenile Court.

B. Authority. A.R.S. §§ 8-515.01 and 8-515.04 govern the establishment of local foster care review boards and the state foster care review board and authorize the supreme court to adopt rules relating to the function and procedures of the boards:

1. Local Foster Care Review Boards. A.R.S. § 8-515.01(A) provides: The presiding judge of the juvenile court in each county shall establish local foster care review boards for the review of cases of children who are in out-of-home placement and who are the subject of a dependency action to assist in the review required pursuant to section 8-862. The judge shall establish one board for each one hundred children, or fraction of that number. The judge may decide not to create an additional review board if the number of children assigned to a review board exceeds one hundred by fewer than fifty children.

2. State Foster Care Review Board. A.R.S. § 8-515.04(A) provides: The state foster care review board is established within the supreme court consisting of three persons who have knowledge of the problems of foster care and who are appointed by the supreme court and of the members of the local foster care review boards who are appointed by the presiding judge of the juvenile court. In counties having only one foster care review board, the judge shall appoint one member. In counties having more than one foster care review board, the presiding judge of the juvenile court shall appoint to the state board only one member for every ten boards except that not more than six members may be appointed from any county. Members of the state board who are local board members shall serve terms that are coterminous with their terms as members of local review boards. Members who are appointed by the supreme court shall serve terms that are not less than two years, nor more than five years.

C. Purpose. Pursuant to A.R.S. § 8-515.01 and A.R.S. § 8-515.04, the Foster Care Review Board (FCRB) program is established to administer a statewide system of reviews for children who are in out-of-home placement and who are the subject of a dependency action.

D. General Administration. A.R.S. § 8-515.04(D) provides: “The supreme court shall employ a coordinator and other personnel it deems necessary to carry out the duties of the state foster care review board and the local boards. Compensation for all personnel shall be determined pursuant to section 38-611.”

1. Program Manager. The director shall appoint a program manager (manager) to serve as statewide program coordinator pursuant to A.R.S. § 8-515.04(D). The manager shall:

a. Prepare fiscal projections, create a budget, allocate and expend funds for program;

b. Assist in the fiscal administration of the program;

c. Oversee training for all FCRB state program office staff and volunteers;

d. Notify the presiding juvenile court judge of potential applicants to fill local board vacancies;

e. Work with the judges to recruit potential board members;

f. Coordinate local boards and develop training for FCRB program volunteers;

g. Review all board member applications prior to submission to the local juvenile court judge for appointment;

h. Provide training established pursuant to A.R.S. § 8-515.04(E) for review board members;

i. Maintain professional working relationships with key stakeholders, including juvenile court judges, state agencies, and community groups; and

j. Cooperate with other agencies and states in regard to research projects dealing with foster care.

2. The manager shall monitor the program, local boards, and the state board to ensure compliance with state statutes, juvenile court rules, this section, and FCRB program policies and procedures.

3. Under the direction of the administrative director and manager, program specialists shall facilitate the local boards and support working and ad hoc committees of the state board.

E. State Foster Care Review Board. A.R.S. § 8-515.04(C) provides: The state foster care review board shall meet no less than twice annually and more frequently on the call of the chairperson or as the board determines. The supreme court may adopt reasonable rules relating to the functions and procedures of the local boards and the state board in accordance with the duties of the boards as provided in this article. The state board shall review and coordinate the activities of the local boards.

1. Membership Responsibilities.

a. “The state foster care review board shall select a chairperson and a vice chairperson and other officers it deems necessary.” A.R.S. § 8-515.04(B)

b. Rules of Procedure for the State Foster Care Review Board, Rule 4(a) provides: The State Board Chairperson must be elected for a two-year term. If the State Board Chairperson is serving a local board term with less than two years remaining, their term as State Board Chairperson must be adjusted to be coterminous with their local board term. All other officers of the State Board must have one-year terms.

c. “The state foster care review board shall establish training programs for local board members, which shall include periodic in-service training.” A.R.S. § 8-515.04(E)

2. Executive Committee. Rule 3 of the Rules of Procedure for the State Foster Care Review Board provides:

(a) An Executive Committee of the State Board is established.

(b) The Executive Committee must consist of the State Board Chairperson, the State Board Vice-Chairperson, the Review Board Coordinator and up to five other members elected by the State Board.

(c) The Executive Committee may act on behalf of the State Board between meetings.

(d) Actions taken by the Executive Committee on behalf of the State Board require ratification by the State Board for these actions to continue.

(e) The composition of the Executive Committee must be: Two State Board members from Maricopa County One State Board member from Pima County Two State Board members from any county other than Maricopa and Pima Counties Two State Board members from any county.

3. Working committees. Rule 1 of the Rules of Procedure for the State Foster Care Review Board provides: “The State Board may appoint working committees to conduct its business.” State board members shall participate on working committees of the state board. Rule 1(a) of the Rules of Procedure for the State Foster Care Review Board provides: “The State Board Chairperson must appoint a chairperson of each working committee.” Chairpersons of working committees of the state board, appointed by the State Board Chairperson, shall serve in an ad hoc capacity.

4. Compensation. “State foster care review board members shall be compensated as determined pursuant to title 38, chapter 4, article 2.” A.R.S. § 8-515.04(G)

F. Local Foster Care Review Boards.

1. Membership. A.R.S. § 8-515.01(A) provides that local foster care review boards “shall consist of at least five regular members. The judge may appoint one alternate member for each board if deemed necessary. The alternate member shall receive the same level of access to all necessary records, reports and data as a regular board member and shall serve on the review board in the absence of one of the regular members.”

a. Diversity. A.R.S. § 8-515.01(A) provides: “Each board, to the maximum extent feasible, shall represent the various socioeconomic, racial and ethnic groups of the county in which it serves. A list of the members of each local board shall be sent to the supreme court.”

b. Prohibited Appointments. A.R.S. § 8-515.01(B) provides: “The presiding judge shall not appoint a person employed by the division or the juvenile court to a local board.”

2. Term. A.R.S. § 8-515.01(C) provides: On the appointment of a new local board, regular board members shall divide themselves by lot into three classes as nearly equal in number as possible. Members of the first class shall serve for a term of one year, members of the second class shall serve for a term of two years and members of the third class shall serve for a term of three years. All subsequent local board members, including alternate members, shall serve for a term of three years, except if a member has been appointed to fill a vacancy occasioned other than by the expiration of a full term of office. The term of each member shall expire on the third Monday in January of the appropriate year. Members shall continue to serve until a successor is appointed. In the event a vacancy occurs on the local board, the judge shall appoint another person to serve the unexpired portion of the term.

3. Officers. A.R.S. § 8-515.01(E) provides: “Each local board shall elect a chairman and vice-chairman and other officers as it deems necessary.” Rule 7 of the Rules of Procedure for the Local Foster Care Review Boards provides:

(a) Local chairpersons and vice-chairpersons are elected for one year. Elections will be held at the first meeting of the local boards following the third Monday in January of each year. If all board positions are not filled at that time, the board may vote to postpone the election until its next meeting. Local chairpersons and vice-chairpersons may be re- elected.

(b) If the chairperson of a review board is unable to attend a review or perform their duties at any time, the vice-chairperson will act as the chairperson until the chairperson can resume them.

(c) If both the chairperson, or vice-chairperson when acting as chairperson, are unable to perform their duties, the board must designate a member as acting chairperson.

(d) The chairperson, or those acting in that capacity, must perform such duties as are indicated in these rules or as customarily devolve upon the chairperson of a committee.

4. Responsibilities. A.R.S. § 8-515.03(A) provides: “Local foster care review boards shall:”

1. Review within six months of placement and at least once every six months thereafter the case of each child who remains in out-of-home placement and who is the subject of a dependency action to determine what efforts have been made by the department and the agency with which the child has been placed to carry out the case plan for the permanent placement of such child. . . .

2. Allow a child's parents and grandparents to attend the local foster care review board's review of the case. The parent or grandparent may be accompanied at the review by an advocate of the parent’s or grandparent's choice.

3. Review any case assigned by the juvenile court for early review of the case plan within sixty days after the removal of a child from that child's home.

4. Submit to the juvenile court within thirty days following the review its findings and recommendations regarding the efforts and progress made by the department and agency to carry out the case plan, together with any other recommendations it chooses to make regarding the child. The findings and recommendations shall include the date of the next review. A copy of such findings and recommendations shall be sent to the division or the agency, if the juvenile court has awarded custody of the child to the agency, and to such other interested parties as the court may require.

5. Encourage and facilitate the timely return of children to their natural parents or, if the board finds that one or more of the grounds listed in section 8-533 may exist, encourage the appropriate agency to initiate such procedures as would make the child eligible for adoption, followed by a maximum effort by the agency to place the child for adoption.

6. Encourage the department and all agencies involved in placing children in out-of-home placement to exert all possible efforts to make arrangements for permanent plans for children for whom return to natural parents or adoption is determined to be infeasible or impossible.

7. Promote and encourage the department and all agencies involved in placing children in foster care to maximize stability and family continuity for children in foster care by discouraging unnecessary changes in the placement of foster children and by recruiting foster parents who may be suitable and eligible as adoptive parents.

8. Assist the department and agencies in informing natural parents, foster parents and other interested parties of their rights and responsibilities with respect to any child in out-of-home placement. Natural parents, foster parents and other interested parties may be involved in the review process when appropriate.

9. Make recommendations to the state board regarding foster care policies and procedures as they relate to the children assigned for their review.

5. Attendance at Case Reviews. A local foster care review board may exclude any person attending a case review where the conduct of such person unreasonably interferes with the ability of the board to fulfill its duties.

6. Meetings. A.R.S. § 8-515.01(G) provides: “Each local board shall meet, at a place designated by the juvenile court, as often as it deems necessary to carry out the duties of the local board. A local board shall not meet less than twice annually.”

a. Rule 1, Rules of Procedure for the Local Foster Care Review Boards provides: Quorum. A review will not be conducted with less than three review board members. If circumstances prevent three board members from being present, and postponement of the review would cause undue hardship for interested parties or delays in court proceedings, then a review can occur with two review board members and the permission of the review board coordinator. In no circumstances may a review be conducted with less than two review board members. A member of a local review board may serve as a substitute member on any local review board.

b. Voting. Rule 3, Rules of Procedure for the Local Foster Care Review Boards provides: “Actions of a review board must be decided by a majority vote.”

c. Conflicts of Interest. Rule 4, Rules of Procedure for the Local Foster Care Review Boards provides:

(a) A review board member who is a foster parent may not participate as a board member in the review of a child who is in their care. Such board member may be heard by the board pursuant to Rule 2(b).

(b) A review board member who during past or present employment made or approved recommendations regarding a child subject to review, may not participate as a board member in the review of that child’s case. Such board member may be heard by the board pursuant to Rule 2(b).

7. Training. A.R.S. § 8-515.01(D) provides: “A person shall not remain on a local board unless the person participates in the training established pursuant to section 8-515.04.

8. Reimbursement. A.R.S. § 8-515.01(F) provides: “Local board members shall be compensated pursuant to title 38, chapter 4, article 2.”

9. Cessation of Case Review. The local board shall cease reviewing cases when the child is no longer out-of-home and the court issues an order relieving the board, finalizing an adoption, or dismissing a dependency petition.

G. Program Operations.

1. Records and Confidentiality.

a. All state and county program staff and volunteers shall comply with A.R.S. §§ 8-807 and 41-1959, Arizona Rules of Court including, but not limited to Rule 123, Rules of the Supreme Court of Arizona and Rule 313, Rules of Procedure for the Juvenile Court, Arizona Code of Judicial Administration, and administrative rules regarding confidentiality.

b. A.R.S. § 8-519(B) provides: “The department shall provide information necessary for foster care review boards to perform their statutory duties through direct remote online access to all DCS information as defined in section 8-801 identified by the foster care review board as necessary for the performance of the board’s duties. If the information contained in the record is not available in an automated case management system used by the department, the department shall furnish any hard copy pertaining to a case assigned to a foster care review board that is necessary for the performance of the board’s duties and that is kept by the division or a child welfare agency to the board.” Records obtained pursuant to A.R.S. § 8-519(B) shall not be reviewed by an outside agency unless a subpoena and an order of the presiding juvenile judge or designee has been issued.

c. “All records and information in the possession of the foster care review board regarding children and their parents or relatives shall be deemed confidential and shall be disclosed only pursuant to this chapter or by order of court.” A.R.S. § 8- 519(C)

d. All parties and participants, except children, shall receive a copy of the recommendations unless a case manager or local board requests that the court order the interested party not receive the documents.

e. Upon receipt of a subpoena, the manager shall follow the requirements of ACJA § 1- 204: Response to claims, summons and subpoenas. If it is determined that an in camera inspection should occur, the manager shall deliver a complete duplicate of the file to the presiding juvenile judge or designee for in camera inspection. No file shall be viewed without an order approving release of the file.

2. Assignment and Records. A.R.S. § 8-515.02 provides:

A. The juvenile court in each county shall assign cases of children in out-of-home placement to a local board so that local boards are assigned an approximately equal number of children. In a case where a child resides in a county other than the resident county of the child’s parents, the county of the child's original jurisdiction shall maintain jurisdiction unless, for valid reasons, the judge of such county transfers jurisdiction. A list of the cases so assigned shall be sent to the local board and the supreme court.

B. Notwithstanding subsection A of this section, the juvenile court in each county in its discretion may assign appropriate cases of children in out-of-home placement to a local foster care review board for early review of the case plan within sixty days after the removal of the child from the child's home.

H. Removal of Child from Foster Parent’s Home; Requirements; Notifications; Review. A.R.S. § 8-515.05(A)-(D) provides:

A. Unless a child is removed from a licensed foster parent, excluding a shelter care provider and receiving foster parent, to protect the child from harm or risk of harm, to place a child in a permanent placement, to reunite siblings, to place a child in a kinship foster home, to place a child in the least restrictive setting, to place a child in a therapeutic setting or to place a child in accordance with the Indian child welfare act (25 United States Code section 1915), the department shall inform the licensed foster parent of the department’s intent to remove a child and place the child in another foster care placement. The department shall inform the licensed foster parent of the specific reason for the child’s planned removal from the licensed foster parent.

B. If the licensed foster parent disagrees with the removal, the licensed foster parent shall notify the department within twenty-four hours of being informed. If the licensed foster parent disagrees with the plan to remove the child and place the child in another foster home placement, the department shall convene a case conference to review the reasons for the removal. The licensed foster parent and two members of the foster care review board shall participate in the case conference. A child shall not be removed unless a majority of the members who participate in the case conference agree that removal is necessary.

C. The department shall inform the licensed foster parent and the foster care review board of the time, date and location of the case conference to review the planned removal. The case conference shall be held within seventy-two hours after the licensed foster parent notifies the department that the licensed foster parent disagrees with the planned removal, excluding weekends and holidays. The child shall remain in the current placement pending the outcome of the case conference.

D. If, as a result of the case conference, it is the department’s continued intent to move the child pursuant to subsection A and the licensed foster parent continues to disagree and the child:

1. Is in the court ordered physical custody of the licensed foster parent, a foster care review board member shall provide a recommendation to the court regarding the removal of the child before the change of physical custody. The child shall remain in the current placement pending a court order for removal.

2. Is not in the physical custody of the licensed foster parent, the licensed foster parent shall be advised of the department’s conflict resolution process. The department shall expedite the conflict resolution process. The child shall remain in the current placement pending the outcome of the conflict resolution process. Adopted by Administrative Order 2003-36 effective March 27, 2003. Amended by Administrative Order 2019-05, effective January 16, 2019. Amended by Administrative Order 2023-193, effective November 8, 2023. Amended by Administrative Order 2024-184, effective September 14, 2024. Amended by Administrative Order 2026-135, effective September 12, 2026.