Arizona lawmakers are moving to put family first when the state removes children from their homes, advancing a proposal that would make placements with relatives the default option in most child welfare cases.
The Arizona House Government Committee voted this week to advance House Bill 2035, which would make so-called kinship placements the presumptive outcome when children are taken into state custody. The measure, approved on Thursday, would push the Department of Child Safety and family courts to favor extended relatives or people with significant relationships to the child. Supporters say the shift would reduce trauma, keep kids with familiar caregivers and help preserve hard-won attachment bonds.
What HB2035 Would Do
Under the bill, children in DCS cases would be placed with extended family members or people with “significant relationships” whenever those placements are available and found to be in the child’s best interest, according to the sponsor. The House Government Committee signed off on the measure with a 4-2 vote, with one representative voting present, The Center Square reported. Sponsor Rep. Lisa Fink said the bill is “seeking to codify into law what’s already DCS policy,” and backers argue it would help ease anxiety and behavioral problems for children removed from their homes.
How The Bill Would Change Court Procedure
The bill’s language would formally add “extended family members” to the list of possible placements and instruct courts to presume at preliminary protective hearings that kinship placements are in the child’s best interest. The proposal defines an “extended family member” as “an adult person who has a connection to a child by marriage to a biological family member of the child,” per the Arizona Legislature. Proponents say building this presumption into law would speed up family-finding efforts and put teeth into checks that some advocates argue DCS has not always carried out consistently.
Supporters Cite Racial Disparities
During the committee hearing, attorney Dianne Post urged lawmakers to act in light of racial disparities in the child welfare system, particularly for African American children, according to testimony. A study from the Common Sense Institute Arizona, highlighted in reporting by The Center Square, found African American children made up roughly 20.2% of youths in DCS custody, while Hispanics and whites represented larger overall shares of the population. Supporters argued that recognizing broader kin networks, including ties formed through marriage, would better reflect how many families are structured in different communities.
What The Research Says
Decades of research suggest that children placed with relatives often fare better on measures like placement stability and behavioral health than peers placed with nonrelative foster families. A systematic review and other federal syntheses have found that kinship care is linked with fewer placement disruptions and, in some studies, lower rates of depression and anxiety. For a closer look at that evidence, see the systematic review of kinship parenting interventions at PubMed Central and the National Academies’ broader synthesis at NCBI Bookshelf.
Next Steps
After clearing the Government Committee, HB2035 is now slated for further consideration in the House Health and Human Services Committee and would still need full House and Senate approval before it can become law, according to bill-tracking records. LegiScan shows the bill was introduced by Rep. Lisa Fink and remains in the committee process. Lawmakers in both parties are expected to probe how the new presumption would mesh with existing child-safety standards and what resources would be required to ramp up family-finding efforts.
Procedural And Legal Notes
Because HB2035 creates a statutory presumption at preliminary protective hearings, it would change the instructions judges receive when ordering placements, according to the Arizona Legislature. The measure keeps the underlying “best interest” standard in place, but it tells courts to assume that an extended-kin placement meets that standard when it is available. Advocates and legal observers will be watching to see whether judges or litigants challenge how the presumption is interpreted and applied if the bill ultimately becomes law.
