SB1252 - 561R

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

Section 1. Section 8-801, Arizona Revised Statutes, is amended to read:

START_STATUTE8-801. Definitions

In this article and articles 9, 10, 11, 12, 13 and 14 of this chapter, unless the context otherwise requires:

1. "Child safety services" means a specialized child welfare program that is administered by the department as provided in this chapter and that investigates allegations of and seeks to prevent, intervene in and treat abuse, and neglect, to promote the well-being of the child in a permanent home and to coordinate services to strengthen the family.

2. "Child safety worker" or "worker" means a person who has been selected by and trained under the requirements prescribed by the department and who assists in carrying out the provisions of this article.

3. "DCS information":

(a) Includes all information the department gathers during the course of an investigation conducted under this chapter from the time a file is opened and until it is closed.

(b) does not include information that is contained in child welfare agency licensing records.

3. 4. "In-home intervention" means a program of services provided pursuant to article 14 of this chapter while the child is still in the custody of the parent, guardian or custodian.

4. 5. "Relative" has the same meaning prescribed in section 8-501. END_STATUTE

Sec. 2. Section 8-807, Arizona Revised Statutes, is amended to read:

START_STATUTE8-807. DCS information; public record; use; confidentiality; violation; classification

A. DCS information shall be maintained by the department as required by federal law as a condition of the allocation of federal monies to this state. All exceptions for the public release of DCS information shall be construed as openly as possible under federal law.

B. The department, or a person who receives DCS information pursuant to this subsection, shall provide DCS information to a federal agency, a state agency, a tribal agency, a county or municipal agency, a law enforcement agency, a prosecutor, an attorney or a guardian ad litem representing a child victim of crime pursuant to article II, section 2.1, Constitution of Arizona, a school, a community service provider, a contract service provider or any other person that is providing services pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter:

1. To meet its duties to provide for the safety and permanency of a child, provide services to a parent, guardian or custodian or provide services to family members to strengthen the family pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter.

2. To enforce or prosecute any violation involving child abuse or neglect or to assert the rights of the child as a victim of a crime.

3. To provide information to a defendant after a criminal charge has been filed as required by an order of the criminal court.

4. To help investigate and prosecute any violation involving domestic violence as defined in section 13-3601 or violent sexual assault as prescribed in section 13-1423.

C. The department shall disclose DCS information to a court, a party in a dependency or termination of parental rights proceeding or the party's attorney, the foster care review board or a court appointed special advocate for the purposes of and as prescribed in this title.

D. The department shall disclose DCS information to a domestic relations, family or conciliation court if the DCS information is necessary to promote the safety and well-being of children. The court shall notify the parties that it has received the DCS information.

E. A person or agent of a person who is the subject of DCS information shall have access to DCS information concerning that person.

F. The department may provide:

1. DCS information to confirm, clarify, correct or supplement information concerning an allegation or actual instance of child abuse or neglect that has been made public by a source or sources outside the department.

2. DCS information to a person who is conducting bona fide research, the results of which might provide DCS information that is beneficial in improving the department.

3. Access to DCS information to the parent, guardian or custodian of a child if the DCS information is reasonably necessary to promote the safety, permanency and well-being of the child.

4. DCS information if an employee of the department has a reasonable belief that exigent circumstances exist. For the purposes of this paragraph, "exigent circumstances" means a condition or situation in which the death of or serious injury to a child will likely result in the near future without immediate intervention.

G. The department shall disclose DCS information to a county medical examiner or an alternate medical examiner directing an investigation into the circumstances surrounding a death pursuant to section 11-593.

H. Access to DCS information in the central registry shall be provided as prescribed in section 8-804.

I. To provide oversight of the department, the department shall provide access to DCS information to the following persons, if the DCS information is reasonably necessary for the person to perform the person's official duties:

1. Federal or state auditors.

2. Persons conducting any accreditation deemed necessary by the department.

3. A standing committee of the legislature or a committee appointed by the president of the senate or the speaker of the house of representatives for purposes of conducting investigations related to the legislative oversight of the department. This information shall not be further disclosed unless a court has ordered the disclosure of this information, the information has been disclosed in a public or court record, or the information has been disclosed in the course of a public meeting or court proceeding.

4. A legislator who requests DCS information in the regular course of the legislator's duties. A legislator may discuss this information with another legislator if the other legislator has signed the form prescribed in subdivision (d) of this paragraph in regard to the specific file that will be discussed. This information shall not be further disclosed unless a court has ordered the disclosure of this information, the information has been disclosed in a public or court record, or the information has been disclosed in the course of a public meeting or court proceeding. To request a file pursuant to this paragraph:

(a) The legislator shall submit a written request for DCS information to the presiding officer of the body of which the state legislator is a member. The request shall state the name of the person whose case file is to be reviewed and any other information that will assist the department in locating the file. The presiding officer may authorize a legislative staff member to attend with the legislator any meeting to review the file.

(b) The presiding officer shall forward the request to the department within five working days of the receipt of the request.

(c) The department shall make the necessary arrangements for the legislator to review the file at an office of the department, chosen by the legislator, within ten working days.

(d) The legislator and staff member shall sign a form, consistent with the requirements of this paragraph and paragraph 3 of this subsection, before reviewing the file, that outlines the confidentiality laws governing department files and penalties for further release of the information.

5. A citizen review panel as prescribed by federal law, a child fatality review team as provided in title 36, chapter 35 and the office of ombudsman-citizens aide.

6. An independent oversight committee established pursuant to section 41-3801.

7. The governor who shall not disclose any information unless a court has ordered the disclosure of the information, the information has been disclosed in a public or court record or the information has been disclosed in the course of a public meeting or court proceeding.

8. The independent maltreatment fatality and near fatality oversight committee established by section 41-812.

J. A person who has been denied DCS information regarding a fatality or near fatality caused by abuse, abandonment or neglect pursuant to subsection L of this section or section 8-807.01 may bring a special action pursuant to section 39-121.02 in the superior court to order the department to release that DCS information. A legislator has standing to bring or to join a special action regarding the release of DCS information or to challenge the redaction of released DCS information. The plaintiff shall provide notice to the county attorney, who has standing and may participate in the action. The court shall review the requested records in camera and order disclosure consistent with subsections A and L of this section and section 8-807.01. The court shall take reasonable steps to prevent any clearly unwarranted invasions of privacy and protect the privacy and dignity of victims of crime pursuant to article II, section 2.1, subsection C, Constitution of Arizona.

K. The department or a person who is not specifically authorized by this section to obtain DCS information may petition a judge of the superior court to order the department to release DCS information. The plaintiff shall provide notice to the county attorney and to the attorney and guardian ad litem for the child, who have standing and may participate in the action. The court shall review the requested records in camera and shall balance the rights of the parties who are entitled to confidentiality pursuant to this section against the rights of the parties who are seeking the release of the DCS information. The court may release otherwise confidential DCS information only if the rights of the parties seeking the DCS information and any benefits from releasing the DCS information outweigh the rights of the parties who are entitled to confidentiality and any harm that may result from releasing the DCS information. The court shall take reasonable steps to prevent any clearly unwarranted invasions of privacy and protect the privacy and dignity of victims of crime pursuant to article II, section 2.1, subsection C, Constitution of Arizona.

L. Except as provided in subsection M of this section, before it releases records under this section or section 8-807.01, the department shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of a person who reports child abuse or neglect and to protect any other person if the department believes that disclosure of the DCS information would be likely to endanger the life or safety of any person. The department is not required by this section to disclose DCS information if the department demonstrates that disclosure would cause a specific, material harm to a department investigation. The department is not required by this section to disclose DCS information if, in consultation with the county attorney, the county attorney demonstrates that disclosure would cause a specific, material harm to a criminal investigation or prosecution.

M. A person who is the subject of an unfounded report or complaint made pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter and who believes that the report or complaint was made in bad faith or with malicious intent may petition a judge of the superior court to order the department to release the DCS information. The petition shall specifically set forth reasons supporting the person's belief that the report or complaint was made in bad faith or with malicious intent. The court shall review the DCS information in camera and the person filing the petition shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report or complaint was made in bad faith or with malicious intent and that disclosure of the identity of the person making the report or complaint would not be likely to endanger the life or safety of the person making the report or complaint, it shall provide a copy of the DCS information to the person filing the petition and the original DCS information is subject to discovery in a subsequent civil action regarding the making of the report or complaint.

N. The department shall provide the person who conducts a forensic medical evaluation with any records the person requests, including social history and family history regarding the child, the child's siblings and the child's parents or guardians.

O. The department shall provide DCS information on request to a prospective adoptive parent, foster parent or guardian, if the information concerns a child the prospective adoptive parent, foster parent or guardian seeks to adopt or provide care for.

P. If the department receives information that is confidential by law, the department shall maintain the confidentiality of the information as prescribed in the applicable law.

Q. A person may authorize the release of DCS information about the person but may not waive the confidentiality of DCS information concerning any other person.

R. The department may provide a summary of the outcome of a department investigation to the person who reported the suspected child abuse or neglect.

S. The department shall adopt rules to facilitate the accessibility of DCS information.

T. The department or a person who receives DCS information pursuant to subsection B of this section shall provide DCS information to law enforcement and a court to protect the safety of any employee of the department or the office of the attorney general or to protect a family member of such an employee.

U. A person who receives DCS information shall maintain the confidentiality of the information and shall not further disclose the information unless the disclosure is authorized by law or a court order.

V. The department may charge a fee for copying costs required to prepare DCS information for release pursuant to this section or section 8-807.01.

W. A person who violates this section is guilty of a class 2 misdemeanor.

X. For the purposes of this section, "DCS information" includes all information the department gathers during the course of an investigation conducted under this chapter from the time a file is opened and until it is closed. DCS information does not include information that is contained in child welfare agency licensing records. END_STATUTE

Sec. 3. Section 12-2294, Arizona Revised Statutes, is amended to read:

START_STATUTE12-2294. Release of medical records and payment records to third parties

A. A health care provider shall disclose medical records or payment records, or the information contained in medical records or payment records, without the patient's written authorization as otherwise required by law or when ordered by a court or tribunal of competent jurisdiction.

B. A health care provider may disclose medical records or payment records, or the information contained in medical records or payment records, pursuant to written authorization signed by the patient or the patient's health care decision maker.

C. A health care provider may disclose medical records or payment records or the information contained in medical records or payment records and a clinical laboratory may disclose clinical laboratory results without the written authorization of the patient or the patient's health care decision maker as otherwise authorized by state or federal law, including the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E), or as follows:

1. To health care providers who are currently providing health care to the patient for the purpose of diagnosis DIAGNOSING or treatment of treating the patient.

2. To health care providers who have previously provided treatment to the patient, to the extent that the records pertain to the provided treatment.

3. To ambulance attendants as defined in section 36-2201 for the purpose of providing care to or transferring the patient whose records are requested.

4. To a private agency that accredits health care providers and with whom the health care provider has an agreement requiring the agency to protect the confidentiality of patient information.

5. To a health profession regulatory board as defined in section 32-3201.

6. To health care providers for the purpose of conducting utilization review, peer review and quality assurance pursuant to section 36-441, 36-445, 36-2402 or 36-2917.

7. To a person or entity that provides services to the patient's health care providers or clinical laboratories and with whom the health care provider or clinical laboratory has an agreement requiring the person or entity to protect the confidentiality of patient information and as required by the health insurance portability and accountability act privacy standards, 45 Code of Federal Regulations part 164, subpart E.

8. To the legal representative of a health care provider in possession of the medical records or payment records for the purpose of securing legal advice.

9. To the patient's third party payor or the payor's contractor.

10. To the industrial commission of Arizona or parties to an industrial commission claim pursuant to title 23, chapter 6.

11. to the independent maltreatment fatality and near fatality oversight committee established by section 41-812.

D. A health care provider may disclose a deceased patient's medical records or payment records or the information contained in medical records or payment records to the patient's health care decision maker at the time of the patient's death. A health care provider also may disclose a deceased patient's medical records or payment records or the information contained in medical records or payment records to the personal representative or administrator of the estate of a deceased patient, or if a personal representative or administrator has not been appointed, to the following persons in the following order of priority, unless the deceased patient during the deceased patient's lifetime or a person in a higher order of priority has notified the health care provider in writing that the deceased patient opposed the release of the medical records or payment records:

1. The deceased patient's spouse, unless the patient and the patient's spouse were legally separated at the time of the patient's death.

2. The acting trustee of a trust created by the deceased patient either alone or with the deceased patient's spouse if the trust was a revocable inter vivos trust during the deceased patient's lifetime and the deceased patient was a beneficiary of the trust during the deceased patient's lifetime.

3. An adult child of the deceased patient.

4. A parent of the deceased patient.

5. An adult brother or sister of the deceased patient.

6. A guardian or conservator of the deceased patient at the time of the patient's death.

E. A person who receives medical records or payment records pursuant to this section shall not disclose those records without the written authorization of the patient or the patient's health care decision maker, unless otherwise authorized by law.

F. If a health care provider releases a patient's medical records or payment records to a contractor for the purpose of duplicating or disclosing the records on behalf of the health care provider, the contractor shall not disclose any part or all of a patient's medical records or payment records in its custody except as provided in this article. After duplicating or disclosing a patient's medical records or payment records on behalf of a health care provider, a contractor must return the records to the health care provider who released the medical records or payment records to the contractor. END_STATUTE

Sec. 4. Section 36-3501, Arizona Revised Statutes, is amended to read:

START_STATUTE36-3501. Child fatality review team; membership; duties

A. The child fatality review team is established in the department of health services. The team is composed of the head of the following entities or that person's designee:

1. Attorney general.

2. Office of women's and children's health in the department of health services.

3. Office of planning and health status monitoring in the department of health services.

4. Arizona health care cost containment system.

5. Division of developmental disabilities in the department of economic security.

6. Department of child safety.

7. Governor's office for children.

8. Administrative office of the courts.

9. Parent assistance office of the supreme court.

10. Department of juvenile corrections.

11. Arizona chapter of a national pediatric society.

B. The director of the department of health services shall appoint the following members to serve staggered three-year terms:

1. A medical examiner who is a forensic pathologist.

2. A maternal and child health specialist involved with the treatment of Native Americans.

3. A representative of a private nonprofit organization of tribal governments in this state.

4. A representative of the Navajo tribe.

5. A representative of the United States military family advocacy program.

6. A representative of a statewide prosecuting attorneys advisory council.

7. A representative of a statewide law enforcement officers advisory council who is experienced in child homicide investigations.

8. A representative of an association of county health officers.

9. A child advocate who is not employed by or an officer of this state or a political subdivision of this state.

10. A public member. If local teams are formed pursuant to this article, the director of the department of health services shall select this member from one of those local teams.

C. The team shall:

1. Develop a child fatalities data collection system.

2. Provide training to cooperating agencies, individuals and local child fatality review teams on the use of the child fatalities data collection system.

3. Conduct an annual statistical report on the incidence and causes of child fatalities in this state during the past fiscal year and submit a copy of this report, including its recommendations for action, to the governor, the president of the senate and the speaker of the house of representatives on or before November 15 of each year.

4. Encourage and assist in the development of local child fatality review teams.

5. Develop standards and protocols for local child fatality review teams and provide training and technical assistance to these teams.

6. Develop protocols for child fatality investigations, including protocols for law enforcement agencies, prosecutors, medical examiners, health care facilities and social service agencies.

7. Study the adequacy of statutes, ordinances, rules, training and services to determine what changes are needed to decrease the incidence of preventable child fatalities and, as appropriate, take steps to implement these changes.

8. Provide case consultation on individual cases to local teams if requested.

9. Educate the public regarding the incidence and causes of child fatalities as well as the public's role in preventing these deaths.

10. Designate a team chairperson.

11. Develop and distribute an informational brochure that describes the purpose, function and authority of a team. The brochure shall be available at the offices of the department of health services.

12. Evaluate the incidence and causes of maternal fatalities associated with pregnancy in this state. For the purposes of this paragraph, "maternal fatalities associated with pregnancy" means the death of a woman while she is pregnant or within one year after the end of her pregnancy.

13. Inform the governor and the legislature of the need for specific recommendations regarding unexplained infant death.

14. Periodically review the infant death investigation checklist developed by the department of health services pursuant to section 36-3506. In reviewing the checklist, the review team shall consider guidelines endorsed by national infant death organizations.

15. On a finding that a child's fatality was the result of maltreatment, submit to the independent maltreatment fatality and near fatality oversight committee established by section 41-812 the child's death certificate and a notice of finding that abuse or neglect contributed to the child's death and that there was an open or closed case with the department of child safety at the time of the child's death.

D. Team members are not eligible to receive compensation, but members appointed pursuant to subsection B are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

E. The department of health services shall provide professional and administrative support to the team.

F. Notwithstanding subsections C and D of this section, this section does not require expenditures above the revenue available from the child fatality review fund. END_STATUTE

Sec. 5. Title 41, chapter 4, Arizona Revised Statutes, is amended by adding article 8, to read:

ARTICLE 8. INDEPENDENT MALTREATMENT

FATALITY AND NEAR FATALITY OVERSIGHT COMMITTEE

START_STATUTE41-811. Definitions

In this article, unless the context otherwise requires:

1. "Child" includes a qualified young adult.

2. "Committee" means the independent maltreatment fatality and near fatality oversight committee.

3. "Department" means the department of child safety.

4. "Near fatality" has the same meaning prescribed in section 8-807.01.

5. "Qualified young adult" has the same meaning prescribed in section 8-201. END_STATUTE

START_STATUTE41-812. Independent maltreatment fatality and near fatality oversight committee; membership

A. The independent maltreatment fatality and near fatality oversight committee is established in the department of administration consisting of the following members:

1. The following advisory members:

(a) The director of the department of child safety or the director's designee.

(b) The director of the Department of economic security or the director's designee.

(c) The cochairpersons of the joint legislative oversight committee on the department of child safety established by section 41-1292 or their designees.

(d) A juvenile court judge who is appointed by the chief justice of the supreme court and who has significant experience in child dependency cases, or the judge's designee.

2. The following members who are appointed by the director of the department of administration:

(a) A licensed pediatrician who has professional experience relating to child neglect and abuse.

(b) A county medical examiner.

(d) A practicing attorney who has experience representing children in dependency law matters.

(e) A practicing social worker.

(f) A parent advocate who has experience in the dependent child protection system.

(g) A person who is a former foster child.

(h) A currently or formerly licensed foster parent.

(i) A person who has expertise in data analytics.

B. Members who are serving pursuant to subsection A, PARAGRAPH 1 of this section are nonvoting members and are not members for the purposes of determining if a QUORUM is present.

C. Members who are appointed pursuant to subsection A, PARAGRAPH 2 of this section may not be current or former employees of the department of child services.

D. The voting members shall select a chairperson.

E. Members who are appointed pursuant to subsection A, paragraph 2 of this section serve staggered three-year terms. Vacancies OCCURRING other than by expiration of term shall be filled in the same manner for the remainder of the unexpired term. members may continue to serve until a successor is appointed.

F. Committee members are not eligible to receive compensation or reimbursement of expenses.

G. The committee may employ an executive director to assist the committee. The executive director shall have experience in department procedures, policies and laws. END_STATUTE

START_STATUTE41-813. Committee; powers; duties; annual report

The committee shall:

1. Conduct a thorough review of each CHILD maltreatment fatality or near fatality. The review shall include:

(a) A review of all AVAILABLE case records relating to child fatalities or near fatalities in which child maltreatment is suspected and in which the child, a parent, a caregiver, a sibling or a household member was the subject of a current or previous department investigation.

(b) Interviews with employees of this state or its political subdivisions who are involved with, who have been involved with or who may have knowledge of the circumstances and facts of the case or of any services provided by the department, any state agency or any political subdivision of this state to the CHILD or the child's parents, siblings, guardians or caregivers.

2. Inform the child's parents, guardian or caregiver that the committee has commenced a fatality or near fatality REVIEW. The committee may not compel a parent, guardian or caregiver to provide information to the committee. The committee shall inform the parents, guardian or caregiver of the right to present any information to the committee that the parents, guardian or caregiver believes will assist the committee with the committee's review.

3. Develop an understanding of the circumstances surrounding a child maltreatment fatality or near fatality and the causes of and responses following a child maltreatment fatality or near fatality and identify factors that may have contributed to the child maltreatment fatality or near fatality.

4. Critically analyze the child safety system as the system interacted with the child and the child's family for each fatality or near fatality to identify improvements that could mitigate future child maltreatment fatalities or near fatalities, including:

(a) The failure to comply with applicable statutes, rules and policies.

(b) The extent of the child's and the child's family's prior involvement with the child safety system.

(c) Systematic factors that may have contributed to the child maltreatment fatality or near fatality, including the adequacy of interagency coordination and communication.

5. Identify best practices and services that may have prevented the child maltreatment fatality or near fatality.

6. MAintain a publicly accessible website. The website shall include:

(a) Biographical information for all members of the committee.

(b) All annual reports.

(c) Reports of statutory, regulatory or policy recommendations made to the legislature or any state agency and any actions taken by the legislature or a state agency in response to these recommendations.

(d) ANNUAL DATA AND TRENDS ANALYZED AND PRESENTED IN A MANNER ACCESSIBLE TO THE PUBLIC.

7. Analyze and publish annual data and trends related to observations made during individual fatality and near fatality reviews conducted during the current fiscal year and for each prior fiscal year for which there is data. The committee shall maintain a ten-year analysis.

8. ON or before June 30 of each year, Produce, publish and distribute an annual child maltreatment fatality or near fatality report that includes all of the following:

(a) information that details the specific facts and circumstances of each case involving a child maltreatment fatality or near fatality during the prior year and the services and resources provided to the CHILD, the child's siblings, the child's parents, guardians or caregivers and household members.

(b) A case-specific systematic review of the facts and findings highlighting the system's strengths, successes, weaknesses and failures.

(c) Longitudinal data iDENTIFYING commonly occurring circumstances related to fatalities and near fatalities and the SERVICES being offered to the child or the child's family and being received by the child or the child's family.

(d) Specific recommendations for improving statutes, rules and policies based on the reviews conducted during the preceding year. These recommendations shall address all aspects of child protection and shall follow up on recommendations from prior reports.

(e) A list of all recommendations that were submitted to the department, a state agency and the legislature along with the responses received.

(f) An analysis of fiscal trends.

9. Post the annual child fatality or near fatality report on the committee's website. The report shall not contain any personal identifying information. The report shall be easily accessible on the website.

10. Submit a copy of the annual child fatality or near fatality report to the governor, The secretary of state, the president of the senate, the speaker of the house of representatives, the cochairpersons of the joint legislative oversight committee on the DEPARTMENT of child safety, the director of the department of child safety, the director of the department of health services and the director of the department of economic security. END_STATUTE

START_STATUTE41-814. Access to records and information; confidentiality; violation; classification

A. The committee shall have ongoing access to complete and unredacted records in the custody of the department and direct remote access to any automated case management system used by the department.

b. The committee shall have access to relevant records and information created by any state agency, educational institution or medical provider of the CHILD, the child's siblings, the child's parents, guardians or caregivers and household members.

c. On request of the committee chairperson or the chairperson's designee to any entity or agency, the committee, within five days excluding weekends and holidays, shall be provided with access to information and records regarding a child maltreatment fatality or near fatality or information and records regarding the child's siblings, the child's parents, guardians or caregivers and household members.

d. A law enforcement agency, with the approval of the prosecuting attorney, may withhold investigative records that interfere with a pending criminal investigation or prosecution.

e. The committee chairperson or the chairperson's designee may apply to the superior court for a subpoena as necessary to compel the production of books, records, documents and other evidence related to a child maltreatment fatality or a near fatality. Subpoenas issued shall be served and, on application to the court by the chairperson or the chairperson's designee, enforced in the manner provided by law for the service and enforcement of subpoenas. A law enforcement agency is not required to produce the information requested under the subpoena if the subpoenaed evidence relates to a pending criminal investigation or prosecution.

f. All information and records acquired by the committee are confidential and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding, except that information, documents and records otherwise available from other sources are not immune from subpoena, discovery or introduction into evidence through those sources solely because they were presented to or reviewed by the committee.

g. Members of the committee, persons attending a committee meeting and persons who present information to the committee may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting. This subsection does not prevent a person from testifying to information that is obtained independently of the team or that is public information.

h. Committee meetings in which the committee is reviewing the facts and circumstances of a child maltreatment fatality or near fatality are closed to the public and are not subject to title 38, chapter 3, article 3.1. All other team meetings are open to the public.

i. A person who violates the confidentiality requirements of this section is guilty of a class 2 misdemeanor. END_STATUTE

START_STATUTE41-815. Committee access to case materials

The department of child safety shall notify the committee within forty-eight hours after a confirmed child fatality or near fatality and shall provide the committee with ongoing and unredacted access to any written and electronic material about the case. END_STATUTE

Sec. 6. Section 41-3024.14, Arizona Revised Statutes, is amended to read:

START_STATUTE41-3024.14. Department of administration; termination July 1, 2024

A. The department of administration terminates on July 1, 2024.

B. Title 41, chapter 4, articles 1, 2, 3, 4, 5, and 7 and 8 and title 18, chapter 1 are repealed on January 1, 2025. END_STATUTE

Sec. 7. Initial terms of independent maltreatment fatality and near fatality oversight committee

A. Notwithstanding section 41-812, Arizona Revised Statutes, as added by this act, the initial terms of members of the independent maltreatment fatality and near fatality oversight committee who are appointed pursuant to section 41-812, subsection A, paragraph 2, Arizona Revised Statutes, as added by this act, are:

1. Three terms ending January 31, 2024.

2. Three terms ending January 31, 2025.

3. Three terms ending January 31, 2026.

B. The director of the department of administration shall make all subsequent appointments as prescribed by statute.

Sec. 8. Purpose

Pursuant to section 41-2955, subsection E, Arizona Revised Statutes, the legislature establishes the independent maltreatment fatality and near fatality oversight committee to review fatalities and near fatalities resulting from abuse and neglect and to lead to greater understanding of the causes of and methods of preventing maltreatment fatalities or near fatalities.