8-701

8-701. Healthy families program; administration;
consent; access to records

A. The healthy families program is established in the department of economic
security. The program shall provide services to children under five years of age and
members of their families that are designed to prevent child abuse or neglect and to
promote child development and wellness. The program also may provide these services to
pregnant women and their families.

B. The department shall:

1. Develop standardized program eligibility criteria to be used for identifying
families in greatest need of program services.

2. Develop the following program functions:

(a) Comprehensive standardized risk assessment evaluation for newborns and their
families.

(b) A method to identify families that have the greatest need for program
services. The department shall establish a method of disclosing to parents at the time
of their admission to a hospital for childbirth that they may be contacted regarding
program services.

3. Establish methods that assist program participants to reduce illiteracy, reduce
dependency on welfare, encourage employment, encourage self-sufficiency and encourage
community involvement by program participants through community service, employment or
participation in religious or social organizations.

4. Develop employment guidelines for program personnel that include background
checks for those personnel who will have direct contact with pregnant women or families
or who will have access to program participant records. Employment guidelines shall
include skill development in child abuse and neglect detection and in the collection of
relevant program data.

5. Track program costs.

6. Offer parents education on prenatal care.

7. Offer participants education on successful marriage.

8. Establish guidelines for requiring program participants to engage in community
service activities in exchange for benefits received from the program. Participants
shall be allowed to choose from a variety of community and faith-based service providers
that are under contract with the department to provide community service opportunities or
program services. Participants shall be allowed and encouraged to engage in community
services within their own communities. Participants shall be allowed to fulfill the
requirements of this paragraph by providing community services to the program from which
they received services.

C. The goals of the healthy families program include:

1. Reducing child abuse and neglect.

2. Promoting child wellness and proper development.

3. Strengthening family relations.

4. Promoting family unity.

5. Reducing dependency on drugs and alcohol.

D. The healthy families program shall provide the following services to program
participants:

1. Informal counseling or emotional support services.

2. Assistance in developing parenting and coping skills.

3. Education on the importance of good nutritional habits to improve the overall
health of their children.

4. Education on developmental assessments so that early identification of any
learning disabilities, physical handicaps or behavioral health needs are determined.

5. Education on the importance of preventative health care and the need for
screening examinations such as hearing and vision.

6. Assistance and encouragement to provide age appropriate immunizations so that
their children are immunized.

7. Assistance and encouragement to access comprehensive private and public
preschool and other school readiness programs.

8. Assistance in applying for private and public financial assistance including
employment services.

9. Assistance in accessing other applicable community and public services including
employment services.

E. Program participants shall be provided with the Arizona children and families
resource directory compiled under section 36-698 in order to help them answer questions
concerning early childhood development.

F. Program services shall not be provided under this section unless:

1. Participation in the program is initiated in response to a request by the
potential program participant.

2. A verbal explanation of the program is provided to program participants,
including an explanation of the rights and responsibilities of both the participant and
the program provider.

3. The written, informed consent of the program participants is received. The
consent form shall include at least a clear description of the program, including the
activities and information to be provided by the program during prescheduled home visits,
the number of expected home visits, the right of program participants to terminate
participation in the program at any time, any responsibilities of the program
participants, a statement that a record will be made and maintained of the home visits
and may be available in future court proceedings and any other information that is
necessary to convey to the program participants a clear understanding of the program.

G. The initial contact may be in person and at any convenient location, except that
if the contact occurs at the primary residence of the potential program participant, the
program personnel shall not enter the residence during the initial contact without the
permission of the potential program participant.

H. If the potential program participant is a minor living with the minor's parent
or guardian, home visits shall not be provided under this section without the additional
written consent of the parent or guardian.

I. If any home visits are to be made by program personnel who are required to
report suspected abused or neglected children pursuant to title 13, chapter 36, the
consent form shall also contain a clear and conspicuous statement informing parents that
the home visits will be made by a person who is required to report any instances of
suspected abuse or neglect of children to child protective services in the department of
economic security or its successor.

J. Program participants have access to the records on their own family at all times
and have the right to correct any inaccurate information included in the
records. Records shall be retained for at least five years after the participants' last
involvement in the program. Program records are not available to other government
agencies or programs in the department without specific prior written consent by the
program participant for the release of information in the program participant's
records. Program personnel shall not wilfully include defamatory information or
maliciously include derogatory information in the records. Program participants have a
right of action against any program personnel for the knowing or reckless inclusion of
defamatory information in the records.

K. This section does not prohibit a person from satisfying the reporting
requirements of section 13-3620 or from complying with a court order to produce records.