Page 1, between lines 1 and 2,
insert:
"Section 1. Section
8-802, Arizona Revised Statutes, is amended to read:
START_STATUTE8-802. Child protective services worker; fingerprint clearance
cards; powers and duties; alteration of files; violation; classification
A. The department of
economic security shall employ child protective services workers. All persons
who are employed as child protective services workers shall have a valid
fingerprint clearance card that is issued pursuant to section 41‑1758.07
or shall apply for a fingerprint clearance card within seven working days of
employment. A child protective services worker shall certify on forms that are
provided by the department of economic security and that are notarized whether
the worker is awaiting trial on or has ever been convicted of any of the
criminal offenses listed in section 41‑1758.07, subsections B and C in
this state or similar offenses in another state or jurisdiction.
B. The department may
cooperate with county agencies and community social services agencies to
achieve the purposes of this chapter.
C. A Child protective services worker shall:
1. Promote the safety and
protection of children.
2. Accept,
screen and assess reports of abuse or neglect:
(a) Pursuant
to section 8‑817.
(b) In level I
residential treatment centers or in level II or level III behavioral health
residential agencies that are licensed by the department of health services.
3. Receive reports of
dependent, abused or abandoned children and be prepared to provide temporary
foster care for these children on a twenty‑four hour basis.
4. Receive from any
source oral or written information regarding a child who may be in need of
protective services. A worker shall not interview a child without
the prior written consent of the parent, guardian or custodian of the child
unless either:
(a) The child initiates
contact with the worker.
(b) The child who is
interviewed is the subject of or is the sibling of or living with the child who
is the subject of an abuse or abandonment investigation pursuant to paragraph
5, subdivision (b) of this subsection.
(c) The interview is
conducted pursuant to the terms of the protocols established pursuant to
section 8-817.
5. After the receipt of
any report or information pursuant to paragraph 2, 3 or 4 of this subsection,
immediately do both all of the following:
(a) Notify the municipal
or county law enforcement agency and
the office of child welfare investigations.
(b) Make a prompt and
thorough investigation. of An investigation must determine the nature,
extent and cause of any condition that would tend to support or refute the
allegation that the child should be adjudicated dependent and the name, age and
condition of other children in the home unless
the report contains an allegation of criminal conduct that is being
investigated by the office of child welfare investigations. A criminal conduct allegation shall be
investigated according to the protocols established pursuant to section 8‑817
with the appropriate municipal or county law enforcement agency as provided in
section 8‑817.
(c) Assist
the office of child welfare investigations as directed by the director of the
department of economic security.
6. Subject to section 41-1969.01, take
a child into temporary custody as provided in section 8‑821. Law
enforcement officers shall cooperate with the department to remove a child from
the custody of the child's parents, guardian or custodian when necessary.
7. After investigation,
evaluate conditions created by the parents, guardian or custodian that would
support or refute the allegation that the child should be adjudicated
dependent. The child protective services worker shall then determine
whether any child is in need of protective services.
8. Offer to the family of
any child who is found to be a child in need of protective services those
services that are designed to correct unresolved problems that would indicate a
reason to adjudicate the child dependent.
9. Submit a written
report of the worker's investigation to:
(a) The department's case
management information system within a reasonable time period that does not
exceed forty-five days after receipt of the initial information except as
provided in section 8‑811. If the investigation involves
allegations regarding a child who at the time of the alleged incident was in
the custody of a child welfare agency licensed by the department of economic
security under this title, a copy of the report and any additional
investigative or other related reports shall be provided to the board of
directors of the agency or to the administrative head of the agency unless the
incident is alleged to have been committed by the person. The department shall
excise all information with regard to the identity of the source of the
reports.
(b) The appropriate court
forty‑eight hours before a dependency hearing pursuant to a petition of
dependency or within twenty‑one days after a petition of dependency is
filed, whichever is earlier. On receipt of the report the court
shall make the report available to all parties and counsel.
10. Accept a child into
voluntary placement pursuant to section 8‑806.
11. Make a good faith
effort to promptly obtain and abide by court orders that restrict or deny
custody, visitation or contact by a parent or other person in the home with the
child. As part of the good faith effort, the child protective services worker
shall ask the parent, guardian or custodian under investigation if a current
court order exists.
D. A child shall not
remain in temporary custody for a period exceeding seventy‑two hours,
excluding Saturdays, Sundays and holidays, unless a dependency petition is
filed. If a petition is not filed and the child is released to the
child's parent, guardian or custodian, the worker shall file a report of
removal with the central registry within seventy‑two hours of the child's
release. The report shall include:
1. The dates of previous
referrals, investigations or temporary custody.
2. The dates on which
other children in the family have been taken into temporary custody.
E. The department shall
provide child protective services workers who investigate reports of allegations of abuse and neglect
with training in forensic interviewing and processes,
and the protocols established pursuant to section 8‑817 and relevant law enforcement procedures. All
child protective services workers shall be trained in their duty to protect the
legal rights of children and families from the time of the initial contact
through treatment. The training shall include knowledge of a child's rights as
a victim of crime. The training for child protective services workers shall
also include instruction on the legal rights of parents and the requirements for legal search and seizure by law
enforcement officers.
F. In conducting an
investigation pursuant to this section, if the worker is made aware that an
allegation of abuse or neglect may also have been made in another state, the
worker shall contact the appropriate agency in that state to attempt to
determine the outcome of any investigation of that allegation.
G. The department of economic
security shall develop an alternative response for designated reports.
G. H. Any person who alters a client
file for the purpose of fraud or misrepresentation is guilty of a class 2
misdemeanor.
END_STATUTE
Sec. 2. Section 13-3620, Arizona Revised Statutes, is amended to read:
START_STATUTE13-3620. Duty to report abuse, physical injury, neglect and denial
or deprivation of medical or surgical care or nourishment of minors; medical
records; exception; violation; classification; definitions
A. Any person who
reasonably believes that a minor is or has been the victim of physical injury,
abuse, child abuse, a reportable offense or neglect that appears to have been
inflicted on the minor by other than accidental means or that is not explained
by the available medical history as being accidental in nature or who
reasonably believes there has been a denial or deprivation of necessary medical
treatment or surgical care or nourishment with the intent to cause or allow the
death of an infant who is protected under section 36‑2281 shall
immediately report or cause reports to be made of this information to a peace
officer or to child protective services in the department of economic security,
except if the report concerns a person who does not have care, custody or
control of the minor, the report shall be made to a peace officer only. A
member of the clergy, a christian
science practitioner or a priest
who has received a confidential communication or a confession in that person's
role as a member of the clergy, a christian
science practitioner or a priest in the course of the discipline enjoined by
the church to which the member of the clergy, christian science practitioner or
priest belongs may withhold reporting of the communication or confession if the
member of the clergy, christian science practitioner or priest determines that
it is reasonable and necessary within the concepts of the religion. This
exemption applies only to the communication or confession and not to personal
observations the member of the clergy, christian science practitioner or priest
may otherwise make of the minor. For the purposes of this subsection,
"person" means:
1. Any physician,
physician's assistant, optometrist, dentist, osteopath, chiropractor,
podiatrist, behavioral health professional, nurse, psychologist, counselor or
social worker who develops the reasonable belief in the course of treating a
patient.
2. Any peace officer, child welfare investigator, child protective
services worker, member of the clergy, priest or christian
science practitioner.
3. The parent, stepparent
or guardian of the minor.
4. School personnel or
domestic violence victim advocate
advocates who develop the
reasonable belief in the course of their employment.
5. Any other person who
has responsibility for the care or treatment of the minor.
B. A report is not
required under this section for conduct prescribed by sections 13‑1404
and 13‑1405 if the conduct involves only minors who are fourteen,
fifteen, sixteen or seventeen years of age and there is nothing to indicate
that the conduct is other than consensual.
C. If a physician,
psychologist or behavioral health professional receives a statement from a
person other than a parent, stepparent, guardian or custodian of the minor
during the course of providing sex offender treatment that is not court ordered
or that does not occur while the offender is incarcerated in the state department
of corrections or the department of juvenile corrections, the physician,
psychologist or behavioral health professional may withhold the reporting of
that statement if the physician, psychologist or behavioral health professional
determines it is reasonable and necessary to accomplish the purposes of the
treatment.
D. Reports shall be made
immediately either electronically or by
telephone or in person and shall be
followed by a written report within seventy‑two hours. The
reports shall contain the following
information, if known:
1. The names and
addresses of the minor and the minor's parents or the person or persons having
custody of the minor, if known.
2. The minor's age and
the nature and extent of the minor's abuse, child abuse, physical injury or neglect,
including any evidence of previous abuse, child abuse, physical injury or
neglect.
3. Any other information
that the person believes might be helpful in establishing the cause of the
abuse, child abuse, physical injury or neglect.
E. A health care
professional who is regulated pursuant to title 32 and who, after a routine
newborn physical assessment of a newborn infant's health status or following
notification of positive toxicology screens of a newborn infant, reasonably
believes that the newborn infant may be affected by the presence of alcohol or
a drug listed in section 13‑3401 shall immediately report this
information, or cause a report to be made, to child protective services in the
department of economic security. For the purposes of this subsection,
"newborn infant" means a newborn infant who is under thirty days of
age.
F. Any person other than
one required to report or cause reports to be made under subsection A of this
section who reasonably believes that a minor is or has been a victim of abuse,
child abuse, physical injury, a reportable offense or neglect may report the
information to a peace officer or to child protective services in the
department of economic security, except if the report concerns a person who
does not have care, custody or control of the minor, the report shall be made
to a peace officer only.
G. A person who has
custody or control of medical records of a minor for whom a report is required
or authorized under this section shall make the records, or a copy of the
records, available to a peace officer,
child welfare investigator or child protective services worker
investigating the minor's neglect, child abuse, physical injury or abuse on
written request for the records signed by the peace officer, child welfare investigator or child
protective services worker. Records disclosed pursuant to this
subsection are confidential and may be used only in a judicial or
administrative proceeding or investigation resulting from a report required or
authorized under this section.
H. When telephone or in‑person reports are
received by a peace officer, the officer shall immediately notify child
protective services in the department of economic security and make the
information available to them child protective services.
Notwithstanding any other statute, when child protective services receives
these reports by telephone or in person,
it shall immediately notify a peace officer in the appropriate jurisdiction and the office of child welfare
investigations in the department of economic security.
I. Any person who is
required to receive reports pursuant to subsection A of this section may take
or cause to be taken photographs of the minor and the vicinity
involved. Medical examinations of the involved minor may be
performed.
J. A person who furnishes
a report, information or records required or authorized under this section, or
a person who participates in a judicial or administrative proceeding or
investigation resulting from a report, information or records required or
authorized under this section, is immune from any civil or criminal liability
by reason of that action unless the person acted with malice or unless the
person has been charged with or is suspected of abusing or neglecting the child
or children in question.
K. Except for the
attorney client privilege or the privilege under subsection L of this section,
no privilege applies to any:
1. Civil or criminal
litigation or administrative proceeding in which a minor's neglect, dependency,
abuse, child abuse, physical injury or abandonment is an issue.
2. Judicial or
administrative proceeding resulting from a report, information or records
submitted pursuant to this section.
3. Investigation of a
minor's child abuse, physical injury, neglect or abuse conducted by a peace
officer or child protective services in the department of economic security.
L. In any civil or
criminal litigation in which a child's neglect, dependency, physical injury,
abuse, child abuse or abandonment is an issue, a member of the clergy, a
christian science practitioner or a priest shall not, without his consent, be
examined as a witness concerning any confession made to him in his role as a
member of the clergy, a christian science practitioner or a priest in the
course of the discipline enjoined by the church to which he belongs. Nothing in This subsection discharges does not discharge a member of the clergy, a
christian science practitioner or a priest from the duty to report pursuant to
subsection A of this section.
M. If psychiatric records
are requested pursuant to subsection G of this section, the custodian of the
records shall notify the attending psychiatrist, who may excise from the
records, before they are made available:
1. Personal information
about individuals other than the patient.
2. Information regarding
specific diagnosis or treatment of a psychiatric condition, if the attending
psychiatrist certifies in writing that release of the information would be
detrimental to the patient's health or treatment.
N. If any portion of a
psychiatric record is excised pursuant to subsection M of this section, a
court, upon on application of a peace officer, child welfare investigator or
child protective services worker, may order that the entire record or any
portion of the record that contains information relevant to the reported abuse,
child abuse, physical injury or neglect be made available to the peace officer, child welfare investigator or
child protective services worker investigating the abuse, child abuse, physical
injury or neglect.
O. A person who violates
this section is guilty of a class 1 misdemeanor, except if the failure to
report involves a reportable offense, the person is guilty of a class 6 felony.
P. For the purposes of
this section:
1. "Abuse"
has the same meaning prescribed in section 8‑201.
2. "Child
abuse" means child abuse pursuant to section 13‑3623.
3. "Neglect"
has the same meaning prescribed in section 8‑201.
4. "Reportable
offense" means any of the following:
(a) Any offense listed in
chapters 14 and 35.1 of this title or section 13‑3506.01.
(b) Surreptitious
photographing, videotaping, filming or digitally recording of or
viewing a minor pursuant to section 13‑3019.
(c) Child prostitution
pursuant to section 13‑3212.
(d) Incest pursuant to
section 13‑3608." END_STATUTE
Renumber to conform
Page 1, strike lines 36 through 40,
insert "F. The total
amount that"
Page 2, line 9, strike "or" insert ". Beginning from and after December 31,
2013, members of the board are eligible for"
Page 6, between lines 25 and 26,
insert:
"Sec. 9. Section
41-1969.01, Arizona Revised Statutes, is amended to read:
START_STATUTE41-1969.01. Office of child welfare investigations; duties; training;
responsibilities; annual report
A. In addition to the
powers and duties of the director pursuant to sections 41‑1953 and 41‑1954,
the director shall establish the office of child welfare investigations within
the department. The director is responsible for the direction,
operation and control of the office.
B. The duties of the office include investigating
criminal conduct allegations, coordinating with child protective services and
law enforcement, establishing task forces for the investigation of criminal
conduct and other duties assigned by the director.
B. C. The office shall employ child
welfare investigators who have received training to understand law
enforcement's role in cases of criminal child abuse or neglect and in social
services offered by the department. Child
welfare investigators do not have the authority of peace officers. A child
welfare investigator the
office may employ research analysts and peace officers to obtain an originating
agency identification number to have direct access to criminal history report
information. Each person who is hired by the office is an
employee of the department and shall comply with the fingerprint requirements
of section 41‑1968.
C. D. The department, in coordination
with the Arizona peace officer standards and training board, shall provide
child welfare investigators with training. The training shall be, at a
minimum, in the following areas:
1. First responder's responder training on responding to reports of child abuse.
2. Forensic interviewing
and processes.
3. Child physical and
sexual abuse investigation training.
4. The protocols
established pursuant to section 8-817.
5. Relevant law
enforcement procedures, including the collection and preservation of evidence.
6. A child's
constitutional rights as a victim of a crime pursuant to article II, section
2.1, Constitution of Arizona.
7. Any other training as
directed by the director.
D. E. A child welfare investigator
shall:
1. Protect children.
2. Respond to and investigate all criminal conduct allegations
as defined in section 8‑801 received by the department. assess, respond to or investigate all
criminal conduct allegations as defined in section 8-801, which shall be a
priority, but shall not otherwise exercise the authority of a peace officer.
3. Receive from any source oral or written information regarding
a child who may be in need of protective services because of criminal child
abuse or neglect. An investigator shall Not interview a child
without the prior written consent of the parent, guardian or custodian of the
child unless either:
(a) The
child initiates contact with the investigator.
(b) The child who is
interviewed is the subject of, is the sibling of or is living with the child who is the subject of
an abuse or abandonment investigation pursuant to paragraph 4, subdivision (b)
of this subsection.
(c) The interview is
conducted pursuant to the terms of the protocols established pursuant to
section 8-817.
4. After the receipt of
any report or information pursuant to paragraph 2 or 3 of this subsection, immediately do both of
the following:
(a) Notify the
appropriate municipal or county law enforcement agency if that agency has not already been notified.
(b) Make a prompt and
thorough investigation of the nature, extent and cause of any condition that
would tend to support or refute the allegation
that the child should be adjudicated dependent and the name, age and condition
of other children in the home report of child abuse or neglect when investigating
allegations pursuant to paragraph 2 of this subsection. A
criminal conduct allegation shall be investigated with the appropriate
municipal or county law enforcement agency according to the protocols
established pursuant to section 8‑817.
5. Take a child into
temporary custody as provided in section 8‑821. Law enforcement officers
shall cooperate with the department to remove a child from the custody of the
child's parents, guardian or custodian pursuant to section 8‑821. A child welfare investigator who is
responding to or investigating a report containing a criminal conduct
allegation has the primary responsibility for deciding whether to take a child
into temporary custody.
6. After investigation, Evaluate conditions
created by the parents, guardian or custodian that would support or refute the
allegation that the child should be adjudicated dependent. The investigator
shall then determine whether any child is in need of protective services.
7. Identify, promptly
obtain and abide by court orders that restrict or deny custody, visitation or
contact by a parent or other person in the home with the child and notify
appropriate personnel within the department to preclude violations of a court
order in the provision of any services.
E. F. Unless a dependency petition is
filed, a child shall not remain in temporary custody for a period exceeding
seventy-two hours, excluding Saturdays, Sundays and holidays. If a petition is
not filed, and the child is shall
be released to the child's parent, guardian or custodian, the investigator shall file a report of
removal within seventy-two hours after the child's release. The report shall
include:
1. The dates of previous referrals, investigations
or temporary custody.
2. The dates on which other children in the family
have been taken into temporary custody.
F. G. In conducting an investigation
pursuant to this section, if the investigator is made aware that an allegation
of abuse or neglect may also have been made in another state, the investigator
shall contact the appropriate agency in that state to attempt to determine the
outcome of any investigation of that allegation.
G. H. The office of child welfare
investigations shall submit an annual report on joint investigations conducted
during the year pursuant to section 8‑817.
H. I. All information the office gathers records gathered or created by the department during
the course of an
investigation conducted under this section is are
confidential information as defined
and shall be protected and released as
prescribed in section 8‑807, except that the department shall not release records if
the department determines that the release of these records may compromise an
ongoing investigation.
J. Notwithstanding any other law, the office of
child welfare investigations is not responsible for conducting the criminal
investigation of an offense that is listed in section 8-801, paragraph 2."
END_STATUTE
Renumber to conform
Page 7, after line 43, insert:
"Sec. 18. Retroactivity
Section 31-401, Arizona Revised
Statutes, as amended by this act, is effective retroactively to from and after
June 30, 2013."
Amend title to conform
