A. The department may place a child with a parent, a relative or a person who has a significant relationship with a child.
B. During an emergency situation when a child must be placed, the department shall not place a child with a relative or a person who has a significant relationship with the child unless each adult member of the relative's or person's household consents to both of the following:
1. A preliminary state and federal name-based background check.
2. Within fifteen calendar days from the date the name-based background check is conducted, the submission of a full set of the person's fingerprints to obtain a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
C. Except for a placement pursuant to section 8-861, before a child who has been in out-of-home care is placed with a parent, the department shall conduct a background check pursuant to section 41-1750 of all adult household members and all adults who have been identified as having caregiving responsibilities of the child in the home. The results of this background check shall be considered when making a safety assessment of the placement.
D. The department shall immediately remove a child from a home if any adult household member fails to provide fingerprints as provided in subsection B of this section. If placement of the child in the home was ordered by the court, the department shall immediately request a change of physical custody from the court.
E. Unless approved in writing by the department, the parent or relative shall not allow the child to:
1. Be placed with any other person.
2. Have any contact with the allegedly abusive or neglectful parent, guardian or custodian or other person designated by the department.
3. Leave this state.
F. If a child is placed with a parent or relative pursuant to this section, the department shall inform the parent or relative about available financial and nonfinancial services and eligibility requirements and shall assist the parent or relative to complete the necessary applications.
Notes of Decisions
Jeff D. v. Dep't of Child Saf., 367 P.3d 109 (Ariz. Ct. App. 2016).
· cites it 2× “In 1990, the legislature added § 8-514.02, which expressly allowed the agency to place such a child “with a parent or relative.”
Alexander M. v. Hon. abrams/ades, 328 P.3d 1045 (Ariz. 2014).
· cites it 4× “Neither § 8-514 nor § 8-514.02 governs the return of dependent children to their parents; rather, those sections apply when a dependent child is placed in out-of-home care.”
Arizona Dep't of Econ. Sec. v. Leonardo, 22 P.3d 513 (Ariz. Ct. App. 2001).
· cites it 2× “6 ¶ 19 Even though “kinship foster home” does not, by definition, include a parent’s home, A.R.S. § 8-514.02(A) makes placement *81 with a parent an alternative placement for a child subject to the child welfare and placement statutes.”
Jewel C. v. Dep't of Child Saf., 418 P.3d 1120 (Ariz. Ct. App. 2018).
· cites it 2× “§ 8-517, DCS may withdraw a child from a foster home when it "determines that withdrawal is according to written, specific standards and is clearly necessary for the child's interests and welfare" and may withdraw a child placed pursuant to A.R.S. § 8-514.02, including a…”
Brittany W., Ryan W. v. Dcs (Ariz. Ct. App. 2018).
“3 DISCUSSION ¶12 Section 8-514.02 allows children to be placed with a parent, a relative, or a person who has a significant relationship with the children.”
Wyatt B. v. Kotek (9th Cir. 2025).
“Arizona juvenile law permits the state to “place a child with a parent,” Ariz. Rev. Stat. § 8-514.02 (A), and a child may be in the physical custody of a parent while under “the legal care, custody and control” of the state, see Oscar F.”
— Ariz. Rev. Stat. § 8-514.02(A) — 2 cases
Arizona Dep't of Econ. Sec. v. Leonardo, 22 P.3d 513 (Ariz. Ct. App. 2001).
“6 ¶ 19 Even though “kinship foster home” does not, by definition, include a parent’s home, A.R.S. § 8-514.02(A) makes placement *81 with a parent an alternative placement for a child subject to the child welfare and placement statutes.”
Alexander M. v. Hon. abrams/ades, 328 P.3d 1045 (Ariz. 2014).
“Neither § 8-514 nor § 8-514.02 governs the return of dependent children to their parents; rather, those sections apply when a dependent child is placed in out-of-home care.”
— Ariz. Rev. Stat. § 8-514.02(B) — 1 case
Alexander M. v. Hon. abrams/ades, 328 P.3d 1045 (Ariz. 2014).
“Neither § 8-514 nor § 8-514.02 governs the return of dependent children to their parents; rather, those sections apply when a dependent child is placed in out-of-home care.”
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