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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
DCS; tiered central registry; hearings
Purpose
Requires, beginning September 15, 2025, the Department of Child Safety (DCS) to implement a tiered system relating to persons placed on the central registry of abuse and neglect based on the severity of the abuse or neglect and the risk a person presents to commit further acts of abuse or neglect.
Background
DCS's primary purpose is to protect children. Required DCS duties necessary to achieve that purpose include: 1) investigating reports of abuse and neglect; 2) assessing, promoting and supporting the safety of a child in a safe and stable family; 3) working cooperatively with law enforcement regarding reports that include criminal conduct allegations; and 4) without compromising child safety, coordinating services to achieve and maintain permanency on behalf of the child, strengthen the family and provide child-safety prevention, intervention and treatment services (A.R.S. § 8-451).
DCS must maintain a central registry of reports of child abuse and neglect that are substantiated and the outcome of the investigations of the reports. A finding made by a court that a child is dependent based on an allegation of abuse or neglect must be recorded in the central registry as a substantiated finding. DCS conducts central registry background checks and uses the information contained in the central registry for purposes that include, but are not limited to: 1) determining qualifications for positions that provide direct service to children or vulnerable adults; 2) determining qualifications for foster home licensing, adoptive parent certification, child welfare agency licensing and child care home certification; and 3) providing information to licensee's such as foster care homes regarding persons who are employed or seeking employment to provide direct services to children or vulnerable adults (A.R.S. § 8-804).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires DCS to record a finding of child abuse or neglect if the finding is supported by a preponderance of the evidence, rather than if probable cause exists.
2. Requires DCS to:
a) adopt rules, by September 15, 2025, to establish a tiered system in the central registry for abuse and neglect for the placement of persons who commit child abuse or neglect as found by the court;
b) designate time frames for how long a person is maintained on the central registry based on the type of abuse or neglect and the risk of the person committing further abuse and neglect, as prescribed;
c) conform all entries in the central registry to the tiered system, by May 15, 2026;
d) make a reasonable effort to notify any person whose central registry entry was altered as a result of the adoption of rules;
e) maintain entries in the central registry system for a maximum of 25 years after a court finding of abuse or neglect; and
f) purge central registry entries at least monthly according to the timeframes established by adopted rules.
3. Requires DCS in adopting rules to:
a) consider the act of abuse or neglect and the risk of the person who commits the abuse or neglect may pose if the person is in a setting that involves the care of or substantial contact with children;
b) determine which acts of abuse or neglect require placement on the central registry;
c) designate tiers based on the type or abuse or neglect and the risk of future abuse or neglect and specify the length of time a person must be on the registry for each tier; and
d) include procedures for a person listed on the central registry to request early removal.
4. Requires a person subject to an allegation of child abuse or neglect, to disclose the allegation before being employed in a position that provides direct services to vulnerable adults or children, only if the allegation is recorded on the central registry.
5. Requires a notice for a dependency proceeding to include a statement that as a result of the proceedings the parent or guardian may be placed on the central registry.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Requires DCS to record a finding of child abuse or neglect if the finding is supported by a preponderance of the evidence, rather than if probable cause exists.
2. Removes the ability of DCS to petition the juvenile court for a finding that a person committed an act of child abuse or neglect as well as the subsequent requirements relating to the petition and hearing.
3. Restores the administrative hearing process regarding an allegation of abuse or neglect.
4. Requires a person subject to an allegation of child abuse or neglect, to disclose the allegation before being employed in a position that provides direct services to vulnerable adults or children, only if the allegation is recorded on the central registry.
5. Requires DCS to adopt rules related to establishing a tiered system within the central registry of abuse and neglect by September 15, 2025, rather than March 15, 2025.
6. Requires DCS to conform all entries to the tiered system by May 15, 2025, rather than by May 15, 2026.
Senate Action
HHS 2/13/24 DP 7-0-0
Prepared by Senate Research
March 6, 2024
MM/KS/mg/slp