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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
ombudsman-citizens aide; DCS assistant
Purpose
Allows all staff of the Ombudsman-Citizens Aide who field complaints regarding the Department of Child Safety (DCS) to have access to DCS records and all investigative staff to have access to the DCS automated case management system. Prohibits DCS records and files from being disclosed by the Ombudsman-Citizens Aide unless statutorily authorized or pursuant to federal requirements.
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 who field complaints regarding DCS, rather than the Ombudsman-Citizens Aide and one assistant, to have access to DCS.
2. Allows all Ombudsman-Citizens Aide investigative staff to have access to the DCS automated case management system.
3. Prohibits DCS records and files maintained by the Ombudsman-Citizens Aide from being disclosed unless statutorily authorized and in accordance with federal requirements for state grants for Child Abuse or Neglect Prevention and Treatment Programs.
4. Modifies the definition of records and files to include all the information the Office of the Ombudsman-Citizens Aide gathers during any investigation, rather than only DCS investigations.
5. Defines Department of Child Safety records and files
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.
Amendments Adopted by Committee of the Whole
1. Prohibits DCS records and files maintained by the Ombudsman-Citizens Aide from being disclosed unless statutorily authorized or in accordance with federal requirements for state grants for Child Abuse or Neglect Prevention and Treatment Programs.
2. Requires staff of the Ombudsman-Citizens Aide who field complaints regarding the Department of Child Safety (DCS), rather than all staff, to have access to DCS records.
3. Requires all investigative staff of the Ombudsman-Citizens Aide, rather than all staff, to have access to the DCS automated case management system.
4. Removes language allowing the Ombudsman-Citizens Aide to disclose information contained in records and files prepared for an investigation when redacted of personally-identifiable information and included in the Ombudsman-Citizens Aide's annual report or opinions and recommendations.
5. Defines records and files and Department of Child Safety records and files.
Senate Action
GOV 2/10/20 DPA 5-2-0
Prepared by Senate Research
March 9, 2020
MH/CS/gs/kja