Assigned to GOV                                                                                                AS PASSED BY COMMITTEE

ARIZONA STATE SENATE

Fifty-Fourth Legislature, Second Regular Session

AMENDED

FACT SHEET FOR S.B. 1406

ombudsman-citizens aide; DCS assistant

Purpose

            Allows all staff of the Ombudsman-Citizens Aide to have access to Department of Child Safety (DCS) records and the automated case management system. Allows information contained in records and files prepared for an investigation to be disclosed in specified documents when redacted of personally-identifiable information.

Background

            The Ombudsman-Citizens Aide must appoint one assistant with expertise in DCS procedures and laws to help with complaints relating to DCS. The Ombudsman‑Citizens Aide and assistant are allowed access to DCS records and the case management system (A.R.S. § 41-1376).

            Records and files including information gathered during the course of a DCS investigation by the Ombudsman-Citizens Aide are exempt from disclosure, except for the Attorney General or any county attorney in connection with an investigation (A.R.S. § 41-1380).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Allows all Ombudsman-Citizens Aide staff, rather than the Ombudsman-Citizens Aide and one assistant, to have access to DCS records and the case management system.

2. Removes the requirement that the Ombudsman-Citizens Aide appoint an assistant with an expertise in DCS procedures and laws to help with complaints relating to DCS.

3. Allows information contained in records and files prepared for an investigation to be disclosed when redacted of personally-identifiable information and included in:

a) opinions and recommendations prepared by the Ombudsman-Citizens Aide; or

b) selected case studies for the Ombudsman-Citizens Aide annual report.

4. Modifies the definition of records and files to mean all the information the Office of the Ombudsman-Citizens Aide gathers during any investigation, rather than only DCS investigations.

5. Defines personally identifiable information.

6. Makes technical and conforming changes.

7. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Removes the requirement that the Ombudsman-Citizens Aide train all staff in the handling of DCS records and information.

Senate Action

GOV               2/10/20      DPA      5-2-0

Prepared by Senate Research

February 12, 2020

MH/CS/gs/kja