HB2228 - 531R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-456, Arizona Revised Statutes, is amended to read:

START_STATUTE8-456. Investigative function; training; criminal offenses; definition

A. The department shall train all investigators in forensic interviewing and processes and the protocols established pursuant to section 8‑817. The training must include:

1. Uniform safety and risk assessment tools to determine whether the conduct constitutes abuse or neglect and the severity of the abuse or neglect.

2. The duty to protect the legal and due process rights of children and families from the time of the initial contact through case closure.

3. Instruction on a child's rights as a crime victim and instruction on the legal rights of parents.

4. A checklist or other mechanism to assist the investigator in giving consideration to the relevant factors in each investigation.

B. The office of child welfare investigations shall investigate DCS reports that contain a criminal conduct allegation as provided in sections 8‑471 and 8‑817.

C. After receiving a DCS report from the centralized intake hotline pursuant to section 8‑455, an investigator shall do all of the following:

1. Make a prompt and thorough investigation. An investigation must evaluate and determine the nature, extent and cause of any condition created by the parents, guardian or custodian or an adult member of the victim's household that would tend to support or refute the allegation that the child is a victim of abuse or neglect and determine the name, age and condition of other children in the home. If an investigator has sufficient information to determine that the child is not a victim of abuse or neglect, the investigator may close the investigation.

2. Consider whether the child should be assessed and interviewed at a child and family advocacy center. For the purposes of this paragraph, "child and family advocacy center" means a center that meets the requirements of section 8‑466.

2. 3. If required by section 8‑821 and subject to section 8‑471, take a child into temporary custody. 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.

D. After an investigation, an investigator shall:

1. Determine whether any child is in need of child safety services consistent with the evaluation and determination made pursuant to subsection C of this section.

2. If appropriate pursuant to section 8‑846, offer to the family of any child who is found to be a child in need of child safety services those services that are designed to correct unresolved problems that would indicate a reason to adjudicate the child dependent.

3. Submit a written report of the investigator's investigation to:

(a) The department's case management information system within a reasonable amount of time that does not exceed forty-five days after receipt of the DCS report 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 under this title, a copy of the report and any additional investigative or other related reports must 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.

4. Accept a child into voluntary placement pursuant to section 8‑806.

5. 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 in the department to preclude violations of a court order in the provision of any services.

E. 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.

F. If an investigation indicates a reason to believe that a criminal offense has been committed, the investigator shall immediately provide the information to the appropriate law enforcement agency and the office of child welfare investigations, unless the information was previously provided pursuant to section 8‑455.

G. For the purposes of this section, "investigator" means an employee of the department who investigates allegations of abuse or neglect pursuant to a DCS report. END_STATUTE

Sec. 2. Title 8, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 8-466, to read:

START_STATUTE8-466. Child and family advocacy center; requirements for referral

To be considered for referral by the department pursuant to section 8‑456, a child and family advocacy center must:

1. Be a member of an organization that is identified by the department and that is organized in this state to promote multidisciplinary child abuse investigation and prosecution programs as outlined in 42 United States Code sections 13001 through 13005.

2. Be a private, nonprofit incorporated agency or a governmental entity.

3. Have a neutral facility that is focused on victims and that allows:

(a) Evidence‑based forensic interviews by a trained forensic interviewer of victims or witnesses of one or more of the following suspected offenses:

(i) Child abuse.

(ii) Abuse of an adult.

(iii) Sexual assault.

(iv) Domestic violence.

(v) Juvenile sex trafficking.

(b) Interaction with a victim as investigative or treatment needs require.

4. Have a multidisciplinary case review team that meets on a regular basis and that consists of at least the following members:

(a) A representative of the department.

(b) A representative of the county attorney.

(d) A representative of law enforcement.

(e) A victim advocate.

(f) A forensic medical professional.

5. Collect the following information and report it every six months to an organization identified by the department:

(a) The number of cases seen at the facility by sex, race and age and other relevant variables requested by the department.

(b) The number of cases referred for prosecution.

6. Provide medical evaluations or refer for medical evaluations by a health care provider that has specific training in child or adult sexual abuse and that meets at least one of the training and eligibility standards for a medical provider prescribed by a national organization that is identified by the department and that is organized to promote multidisciplinary child abuse investigation and prosecution programs as outlined in 42 United States code sections 13001 through 13005.

7. Provide mental health therapy or referrals for mental health therapy by professionals who meet both of the following:

(a) Have training in and provide trauma‑focused and evidence‑supported mental health treatment.

(b) Meet or exceed the training requirements prescribed by a national organization that is identified by the department and that is organized to promote multidisciplinary child abuse investigation and prosecution programs as outlined in 42 United States Code sections 13001 through 13005.

8. Facilitate evidence‑based training for various disciplines in the community that respond to reports of one or more of the following:

(a) Child abuse.

(b) Abuse of an adult.

(d) Domestic violence.

(e) Juvenile sex trafficking.

9. Have a written commitment from any agency that is participating in the multidisciplinary approach to handling one or more of the following:

(a) Child abuse.

(b) Abuse of an adult.

(d) Domestic violence.

(e) Juvenile sex trafficking.

10. Provide any assurance necessary to show compliance with standards prescribed pursuant to this section. END_STATUTE