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REFERENCE TITLE: CPS; investigations; restrictions |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2839 |
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Introduced by Representative Proud
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AN ACT
Amending title 8, chapter 10, article 1, Arizona Revised Statutes, by adding section 8-820; relating to protective services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 8-820, to read:
8-820. Investigations; requirements; limitations
Notwithstanding any law to the contrary, unless there is reasonable cause to believe that a child is in imminent danger:
1. Before a protective services worker may enter a home pursuant to this chapter, the worker must either obtain the positive and unequivocal voluntary consent from a person who is legally authorized to give permission to enter that home or obtain a court order that authorizes the protective services worker to enter the home.
2. Before a protective services worker may conduct a visual examination of a child pursuant to this chapter, the protective services worker must obtain the consent from the child or the child's parent or a person with legal responsibility for the child or obtain a court order that authorizes the protective services worker to conduct the examination.
3. Before a protective services worker transports a child from the child's school, a protective services worker must either:
(a) Reasonably believe that the child has been abused and will probably suffer further abuse if the child returns home at the end of the school day.
(b) obtain consent from the child's parent or a person who has legal responsibility for the child.
(c) Obtain a court order that authorizes the protective services worker to transport the child from the school.
4. Before a protective services worker may remove a child from the child's home, the protective services worker must either:
(a) Obtain consent from the child's parent or a person who has legal responsibility for the child.
(b) obtain a court order that authorizes the protective services worker to remove the child.
(c) Establish that there are exigent circumstances that require an emergency removal without consent or a court order. for the purposes of this subdivision, "exigent circumstances" means that based on the totality of the circumstances there is reasonable cause to believe that the child is in imminent danger of physical or sexual abuse if the child remains in the home.