Chapter 7 : Section 12
Children's Services Oversight Entities
Policy
The Department shall cooperate with the following children’s services oversight entities:
Office of the Ombudsman: The Office of the Ombudsman, within DCS, reviews and responds to inquiries regarding individual cases that involve the child welfare system. Some complaints may be reviewed using a multi-disciplinary team of public members who are not Department employees or contracted with the Department. The Office makes recommendations to the Department Director and the legislature for improvement of the child welfare system.
The Child Fatality Review Team: The statewide Child Fatality Review Team, within the Department of Health Services, includes representatives from the Attorney General’s Office; the Division of Developmental Disabilities; the Division of Children, Youth and Families; various programs from the Department of Health Services; the Governor’s Office for Children; the Administrative Office of the Courts; the Parent Assistance Office of the Supreme Court; the Department of Juvenile Corrections; and the Arizona chapter of the American Academy of Pediatrics. Other members, including a medical examiner; a representative of the Arizona Sudden Infant Death Advisory Council; a public member; and representatives from tribal, military, prosecuting attorney, law enforcement, county health, and child advocacy organizations; are appointed for three year terms.
The state Child Fatality Review Team collects data on child fatalities, submits an annual report on the incidence and causes of child fatalities in Arizona, supports the development of local child fatality review teams, develops protocols for child fatality investigations, recommends and implements changes to decrease preventable child fatalities, and increases public awareness regarding the incidence, causes and prevention of child fatalities. Local child fatality teams may be formed and have similar membership, including a representative from a local Department of Child Safety office. The local review teams review the death certificates of all children who die within the team's jurisdiction and call meetings of the team when necessary, collect child fatality data, and submit reports to the state team.
The Office of Administrative Hearings: The Office of Administrative Hearings has the authority to schedule and conduct hearings on appealable state agency decisions, upon the request of an agency or the filing of a notice of appeal. Appealable decisions heard by the Office of Administrative Hearings affecting DCS cases include child welfare agency licensing decisions, Protective Services Review Team (PSRT) decisions, and Health Plan decisions denying mental health services for dependent children.
Ombudsman-Citizens Aide: This state agency investigates complaints against other state agencies, such as Department of Child Safety, and offers information and referral services to Arizona citizens. The Ombudsman-Citizens Aide completes impartial investigations and makes recommendations to the agency to resolve both individual complaints as well as systemic issues. The Ombudsman-Citizens Aide has access to all confidential DCS files and makes requests for these records through a Department designated liaison. If the Ombudsman-Citizens Aide has requested testimony or evidence and the agency has failed to comply with the request in a reasonable amount of time, the Ombudsman-Citizens Aide may issue a subpoena.
The Arizona Department of Child Safety (DCS) Community Advisory Committee: The Arizona DCS Community Advisory Committee was established by the Arizona State Legislature to provide a community forum:
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to inform the Department, analyze current law and policy and make recommendations to improve the ability of the Department to increase the safety of children, respond to child maltreatment and ensure the well-being of and timely permanency for children who are referred to and involved in the child welfare system;
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for collaboration among state, local, community, tribal, public and private stakeholders in child welfare programs and services that are administered by the Department; and
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to improve communication between mandatory reporters and the Department.
The Arizona DCS Community Advisory Committee is mandated by state law to consist of 14 members, appointed by the Director of DCS, and receive no compensation. The members must come from a variety of fields and backgrounds to represent former foster parents, law enforcement, Native American tribes, child welfare researchers, school employees, and others. At minimum, the committee holds a meeting every other month, for a total of six meetings per fiscal year.
The Citizen Review Panels: These panels are required by the federal Child Abuse Prevention and Treatment Act (CAPTA) and consist of volunteers from the community with expertise in the prevention and treatment of child abuse and neglect. Each panel meets at least once every three months to evaluate state and local child protection agencies. The panels examine agency policies, evaluate agency effectiveness in discharging its child protection responsibilities, and assess other child protection related criteria.
Office of Administrative Hearings: The Office of Administrative Hearings holds hearings when requested by an applicant or service recipient because the Department did not act with reasonable promptness on an application, or the application was denied wholly or in part. Appealable decisions heard by the Office of Administrative Hearings that affect DCS cases include those related to adoption subsidy, guardianship subsidy, foster parent licensing, and out of state adoptive placements.
Youth Empowerment Council (YEC): The mission of YEC is to improve the experience of foster care for youth. The DCS Youth Empowerment Council is a concerted effort by the Department to establish an authentic Youth-Adult partnership that allows youth to recognize their strengths and expertise in their own lived experience, and provide an opportunity to build their resilience, social connections, cognitive and social and emotional competence.
Parent Advisory Collaborative:The Parent Advisory Collaborative (PAC), is the combined membership of the Parent Advisory Board and the Prevention Advisory Collaborative, consisting of parents who have had prior open cases with the Department and advocates for parents who are familiar with the work of the Department. The PAC provides input into DCS policy, procedure and practice.
Procedures
The Department should, to the extent possible, involve citizens and the community at large in the oversight and planning for policy, procedures and practices.
To reach the Office of the Ombudsman, (877) 527-0765 or (602) 364-0777. See DCS 09-01 Office of the Ombudsman for more information.
To reach the Ombudsman Citizens’ Aide, (602)277-7292 or visit the Arizona Ombudsman Citizens’ Aide website.
To reach the Independent Oversight Committee (IOC) on Children, Youth and Families, (602) 542-1500 or visit https://ioc.az.gov/contact-us.
To reach the Citizen Review Panel, (602) 496-0047.
To reach the Arizona Office of Administrative Hearings, (602) 542-9826. In addition to calling, a motion to appeal can be filed at https://www.azoah.com/motions.html
The Child Abuse Prevention and Treatment Act (P.L. 93-247), amended by the Child Abuse Prevention and Treatment Act Amendments of 1996 (P.L. 104-235)
A.R.S. § 36-3501 Child fatality review team; membership; duties
A.R.S. § 41-1092 et. seq. Uniform Administrative Hearing Procedures
A.R.S. § 41-1371 Definitions
A.R.S. § 41-3802 Human rights committee on children, youth and families
A.R.S. § 46-205 Appeal to state Department from denial of application or failure of the local office to act; consideration by state Department on own motion