SB1664 - 562R

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; voice stress analysis; recordings; criminal offenses; definitions

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. An evidence-informed safety assessment model to assess the safety of a child.

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. The department shall use an evidence-informed safety assessment model to assess the safety of a child.

D. 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. 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.

E. The department may not use covert voice stress analysis during an investigation to determine if abuse or neglect exists. The department may not use overt voice stress analysis during an investigation unless the person on whom the analysis is used gives informed consent. Results of computer voice stress analysis are not admissible in court.

F. 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 D 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.

G. 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.

H. 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.

I. Except in judicial proceedings, a parent or legal guardian may not be prohibited from recording conversations with the department pursuant to this section.

J. Before implementing a new safety assessment model, the department shall present the proposed change to the joint legislative oversight committee on the department of child safety established by section 41-1292 or to the committees with jurisdiction over the department in the senate and house of representatives.

K. For the purposes of this section:

1. "Evidence-informed" means based on the best available child welfare research and practice information.

2. "Investigator" means an employee of the department who investigates allegations of abuse or neglect pursuant to a DCS report. END_STATUTE

Sec. 2. Section 8-802, Arizona Revised Statutes, is amended to read:

START_STATUTE8-802. Child safety worker; fingerprint clearance cards; interview requirements; temporary custody limit; cooperation and coordination; alteration of files; violation; classification

A. The department shall employ child safety workers. All persons who are employed as child safety workers shall have a valid fingerprint clearance card that is issued pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card within seven working days of after employment. A child safety worker shall certify on forms that are provided by the department and that are notarized whether the worker is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

B. A worker shall not interview a child without the prior written consent of the parent, guardian or custodian of the child unless either:

1. The child initiates contact with the worker.

2. The child who is interviewed is the subject of or is the sibling of or living with the child who is the subject of an abuse or abandonment investigation pursuant to section 8-456.

3. The interview is conducted pursuant to the terms of the protocols established pursuant to section 8-817.

C. A child shall not remain in temporary custody for a period exceeding seventy-two hours, excluding Saturdays, Sundays and holidays, unless a dependency petition is filed. If a petition is not filed and the child is released to the child's parent, guardian or custodian, the worker shall file a report of removal with the central registry within seventy-two hours of the child's release. The report shall include:

1. The dates of previous referrals, investigations or temporary custody.

2. The dates on which other children in the family have been taken into temporary custody.

D. All child safety workers shall be trained and demonstrate competency in:

1. The duty to protect the legal rights of children and families from the time of the initial contact through treatment. The training shall include knowledge of a child's rights as a victim of crime.

2. The legal rights of parents.

3. Impact and intervention practices related to adverse childhood experiences, culturally and linguistically appropriate service delivery, domestic violence, family engagement, communication with special populations and trauma informed responses.

E. All child safety workers shall cooperate and coordinate with the office of child welfare investigations to carry out the purposes of section 8-471.

F. All child safety workers and child welfare investigations workers shall cooperate and coordinate with the inspections bureau to carry out the purposes of section 8-458.

G. All child welfare investigations workers and inspections bureau workers shall cooperate and coordinate with the rest of the department to achieve the purposes of this title.

H. Any A person who alters a client file for the purpose of fraud or misrepresentation is guilty of a class 2 misdemeanor. END_STATUTE

Sec. 3. Section 8-804, Arizona Revised Statutes, is amended to read:

START_STATUTE8-804. Central registry; notification; definition

A. The department shall maintain a central registry of reports of child abuse and neglect that are substantiated and the outcome of the investigation of these reports made under this article. A finding made by a court pursuant to section 8-844, subsection C that a child is dependent based on an allegation of abuse or neglect shall be recorded as a substantiated finding of abuse or neglect. The department shall incorporate duplicate reports on the same incident in the original report and shall not classify duplicate reports as new reports. The department may enter persons found to have committed an act of child abuse or neglect in the central registry only on a finding from a court of both of the following:

1. A child is a dependent child based on an allegation of abuse or neglect pursuant to section 8-844, subsection C or that a person has committed an act of child abuse or neglect.

2. The nature and circumstances of the abuse or neglect indicate that the person would present a significant risk of committing abuse or neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.

B. The department shall conduct central registry background checks and shall use the information contained in the central registry only for the following purposes:

1. As a factor to determine qualifications for any of the following:

(a) Foster home licensing.

(b) Adoptive parent certification.

(d) Child care home certification.

(e) Registration of unregulated child care homes with the child care resource and referral system.

(f) Home and community based services certification for services to children or vulnerable adults.

(g) An adult who works in a group home, residential treatment center, shelter or other congregate care setting.

2. As a factor to determine qualifications for persons who are employed or who are applying for employment with this state in positions that provide direct service to children or vulnerable adults.

3. As a factor to determine qualifications for individuals who are employed or who are applying for employment with a child welfare agency in positions that provide direct service to children or vulnerable adults.

4. As a factor to determine qualifications for positions that provide direct service to children or vulnerable adults for:

(a) Any person who applies for a contract with this state and that person's employees.

(b) All employees of a contractor.

(d) Prospective employees of the contractor or subcontractor at the request of the prospective employer.

5. To provide information to licensees that do not contract with this state regarding persons who are employed or seeking employment to provide direct services to children pursuant to title 36, chapter 7.1.

6. To identify and review reports concerning individual children and families, in order to facilitate the assessment of safety and risk.

7. To determine the nature and scope of child abuse and neglect in this state and to provide statewide statistical and demographic information concerning trends in child abuse and neglect.

8. To allow comparisons of this state's statistical data with national data.

9. To comply with section 8-804.01, subsection B.

10. To provide information to licensees described in subsection D of this section regarding persons who are employed or seeking employment to provide direct services to children in a licensed behavioral health residential facility.

11. To provide information to licensees regarding persons who are employed or seeking employment in an intermediate care facility for individuals with intellectual disabilities.

C. Licensees that do not contract with the state and that employ persons who provide direct services to children pursuant to title 36, chapter 7.1 must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of health services shall verify whether licensees, pursuant to title 36, chapter 7.1, have complied with the requirements of this subsection and any rules adopted by the department of health services to implement this subsection.

D. Licensees that do not contract with this state, that contract with the federal government, that receive only federal monies and that employ persons who provide direct services to children in a licensed behavioral health residential facility pursuant to title 36, chapter 4 must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of child safety may charge a fee to licensees to conduct central registry background checks pursuant to this subsection. The department of health services shall verify whether the licensees, pursuant to title 36, chapter 4, have complied with the requirements of this subsection.

E. Licensees that employ persons to provide direct care in an intermediate care facility for individuals with intellectual disabilities must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of health services shall verify whether the licensees, pursuant to title 36, chapter 4, comply with the requirement of this subsection.

F. If the department of economic security received a report before September 1, 1999 and determined that the report was substantiated, the department of child safety shall maintain the report in the central registry until eighteen years from the child victim's date of birth.

G. If the department of economic security or the department of child safety received a report on or after September 1, 1999 and determined that the report was substantiated, the department of child safety shall maintain the report in the central registry for a maximum of twenty-five years after the date of the report. If the department of child safety maintains reports in the central registry for less than twenty-five years, the department shall adopt rules to designate the length of time it must maintain those reports in the central registry.

H. The department shall annually purge reports and investigative outcomes received pursuant to the time frames prescribed in subsections F and G of this section.

F. The department shall maintain entries in the central registry in accordance with the rules adopted pursuant to section 8-804.02 for not more than twenty-five years after the date of a court finding of abuse or neglect.

G. At least monthly the department shall purge central registry entries pursuant to the time frames established by rules adopted pursuant to section 8-804.02.

I. h. Any person who was the subject of a department investigation may request confirmation that the department has purged information about the person pursuant to subsection H G of this section. On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person.

J. I. The department shall notify a person, contractor or licensee identified in subsection B, paragraph 4, subdivisions (a), (b) and (c) and subsection B, paragraphs 5, 10 and 11 of this section who is disqualified because of a central registry check conducted pursuant to subsection B of this section that the person may apply to the board of fingerprinting for a central registry exception pursuant to section 41-619.57.

K. J. Before being employed in a position that provides direct services to children or vulnerable adults pursuant to subsection B, paragraphs 4, 5, 10 and 11 or subsections C, D and E of this section, employees shall certify, under penalty of perjury, on forms that are provided by the department whether an allegation a court finding of abuse or neglect was made against them and was substantiated. The forms are confidential. If this certification does not indicate a current investigation or a substantiated report court finding of abuse or neglect, the employee may provide direct services pending the findings of the central registry check.

L. K. A person who is granted a central registry exception pursuant to section 41-619.57 is not entitled to a contract, employment, licensure, certification or other benefit because the person has been granted a central registry exception.

M. L. An agency of this state that conducts central registry background checks as a factor to determine qualifications for positions that provide direct services to children or vulnerable adults shall publish a list of disqualifying acts of substantiated abuse or neglect.

N. M. An agency of this state that conducts central registry background checks may provide information contained in the central registry on all reports court findings of child abuse and neglect that are substantiated and the outcomes of the investigations of the reports to carry out this section. Identifying information regarding any person other than the perpetrator may not be released. Information received pursuant to this section may not be further disseminated unless authorized by law or court order.

O. N. The department may enter into an agreement with another state agency to allow that agency to conduct the central registry background checks required by this section.

P. O. For the purposes of this section, "intermediate care facility for individuals with intellectual disabilities" has the same meaning prescribed in section 36-551. END_STATUTE

Sec. 4. Section 8-804.01, Arizona Revised Statutes, is amended to read:

START_STATUTE8-804.01. Maintenance of reports; records

A. All reports of child abuse and neglect and related records shall be maintained in the department's case management information system in accordance with the time frames established in the department's records retention schedule.

B. In addition to the purposes prescribed in section 8-807, reports and related records maintained pursuant to subsection A of this section shall be used by the department only for the following purposes:

1. To assess the safety and risk to a child when conducting an investigation or identification of abuse or neglect.

2. To determine placement for a child, including determining what is the least restrictive setting.

3. To license foster homes, to certify adoptive homes or to use in the department's employment decisions.

4. To determine the type and level of services and treatment provided to the child and the child's family.

5. To assist in a criminal investigation or prosecution of child abuse or neglect.

6. To meet state and federal reporting requirements.

C. Notwithstanding section 8-807 and except as otherwise provided by law, reports and related records maintained pursuant to subsection A of this section shall not be used for purposes of employment or background checks, except for background checks conducted pursuant to section 8-804, subsection B. Only information contained in the central registry may be used to conduct background checks pursuant to section 8-804, subsection B.

D. If probable cause exists that abuse or neglect of a child has occurred, the department shall record this finding. The department may make this finding independent of whether a specific person is identified as responsible for the abuse or neglect.

E. If the department is unable to locate a child who is the subject of a report of abuse or neglect, the department shall record this finding separate from its other findings.

F. Subject to the requirements of sections section 8-804 and 8-811, whenever possible, the department shall determine if a specific person is responsible for the abuse or neglect of a child. END_STATUTE

Sec. 5. Title 8, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 8-804.02, to read:

START_STATUTE8-804.02. Tiered system for placement on central registry; rules; notice

A. The department shall adopt rules by March 15, 2025 to establish a tiered system for the placement and maintenance of persons found to have committed an act of child abuse or neglect on the central registry of child abuse and neglect. In adopting rules, the department shall:

1. Consider the nexus between the act of abuse or neglect and the potential risk a person found to have committed an act of abuse or neglect may pose if the person were in a position or setting outside of the person's home that involves the care of or substantial contact with children.

2. Determine which acts of abuse or neglect require the placement of a person on the central registry.

3. Designate tiers based on the type of abuse or neglect and the nexus of that abuse or neglect to potential risk and specify the length of time that entries in each tier must be maintained. The length of time for each tier may not exceed twenty-five years.

4. Include standards and procedures for a person who is listed on the central registry to request early removal from the central registry.

B. On or before May 15, 2025, the department shall conform all entries in the central registry, regardless of the date of entry, to the rules adopted pursuant to subsection A of this section.

C. The department shall make a reasonable effort to notify any individual whose central registry entry was altered as a result of rules adopted pursuant to this section. END_STATUTE

Sec. 6. Repeal

Section 8-811, Arizona Revised Statutes, is repealed.

Sec. 7. Title 8, chapter 4, article 8, Arizona Revised Statutes, is amended by adding a new section 8-811, to read:

START_STATUTE8-811. Hearing process

A. After a report of abuse or neglect that does not result in a dependency petition pursuant to section 8-841 is substantiated, the department may petition the juvenile court for both of the following findings:

1. That a person has committed an act of child abuse or neglect.

2. That the nature and circumstances of the abuse or neglect indicate that the person would present a significant risk of committing abuse or neglect if the person were in a position or setting outside of the person's home that involves the care of or substantial contact with children.

B. On receiving the court's findings under subsection A of this section, the department may place the person on the central registry pursuant to section 8-804.

C. A petition that is filed pursuant to subsection A of this section shall be verified and shall contain all of the following:

1. The name and address, if known, of the person who is alleged to have committed an act of child abuse or neglect.

2. The name and age of the child whom the person is alleged to have abused or neglected.

3. The names and addresses, if known, of both parents and the guardian, if any, of the child who is alleged to have been abused or neglected.

4. A concise statement of the facts to support the conclusion that the person against whom the petition has been filed has committed an act of abuse or neglect against the child named in the petition and that the nature and circumstances of the abuse or neglect indicate that the person would present a significant risk of committing abuse or neglect if the person were in a position or setting outside of the person's home that involves the care of or substantial contact with children.

D. The department shall serve the petition and notice on all of the following:

1. The person who is named in the petition as the person alleged to have committed an act of child abuse or neglect.

2. The parents and guardian, if any, of the child who is alleged to have been abused or neglected.

3. The child's guardian ad litem or attorney, if known to the department.

E. The notice shall contain all of the following:

1. The name and address of the person to whom the notice is directed.

2. The name of the person who is alleged to have committed an act of child abuse or neglect.

3. The name of the child who is alleged to have been abused or neglected.

4. The date, time and place of the hearing on the petition.

5. A statement that the person who is alleged to have committed an act of child abuse or neglect is entitled to have an attorney present at the hearing and that, if the person is indigent and cannot afford an attorney and wants to be represented by an attorney, an attorney will be provided.

6. A statement that as the result of the hearing or further proceedings the person could be placed on the central registry of child abuse and neglect.

F. The court shall conduct an initial hearing within forty-five days after the petition is filed and a hearing on the merits of the allegations within ninety days following service of the petition.

G. At each hearing, the court shall ensure that the person against whom the petition is filed has been advised of the following rights:

1. The right to counsel, including appointed counsel if the person is indigent.

2. The right to an evidentiary hearing to contest the allegations in the petition.

3. The right to cross-examine all witnesses that are called to testify against the person against whom the petition is filed.

4. The right to use the process of the court to compel the attendance of witnesses.

H. If following the hearing, the court:

1. Finds by a preponderance of the evidence that the allegations are true, the court shall make the following findings:

(a) That the court has jurisdiction over the subject matter and the person before the court.

(b) The factual basis for finding that the person has committed an act of child abuse or neglect and that, due to the nature and circumstances of the abuse or neglect, the person would present a significant risk of committing abuse or neglect if the person were in a position or setting outside of the person's home that involves the care of or substantial contact with children.

2. Does not find by a preponderance of the evidence that the allegations contained in the petition are true, the court shall dismiss the petition, and the department may not place the person on the central registry.

I. If the person against whom the petition is filed does not appear at the hearing, the court may find that the person has waived the right to contest the petition and may make findings that the person has committed an act of abuse or neglect and that, due to the nature and circumstances of the abuse or neglect, the person would present a significant risk of committing abuse or neglect if the person were in a position or setting outside the person's home that involves the care of or substantial contact with children based on the record and evidence presented as provided in rules prescribed by the supreme court. END_STATUTE

Sec. 8. Section 8-841, Arizona Revised Statutes, is amended to read:

START_STATUTE8-841. Dependency petition; service; preliminary orders; hearing

A. Except as provided in subsection B of this section the department or any interested party may file a petition to commence proceedings in the juvenile court alleging that a child is dependent.

B. An interested party may not file a dependency petition concerning a child who has been adjudicated delinquent and is under the jurisdiction of the juvenile court, who is awaiting delinquency adjudication or disposition or who has been released from the department of juvenile corrections within the previous six months, unless both of the following occur:

1. The interested party contacts the department pursuant to section 8-455 at least fourteen days before filing the petition and provides the department with notice of the intent to file a petition pursuant to this subsection, the allegations contained in the petition and the factual basis supporting the allegations.

2. The interested party affirms in the petition that the requirements of paragraph 1 of this subsection have been met.

C. The petition shall be verified and shall contain all of the following:

1. The name, age and address, if any, of the child on whose behalf the petition is brought.

2. The names and addresses, if known, of both parents and any guardian of the child.

3. A concise statement of the facts to support the conclusion that the child is dependent.

4. If the child was taken into temporary custody, the date and time the child was taken into custody.

5. Whether the department believes that an aggravating circumstance described in section 8-846, subsection D, paragraph 1 exists.

6. A statement whether the child is subject to the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963).

D. The person who files the petition shall have the petition and a notice served on:

1. The parents and any guardian of the child.

2. The child's guardian ad litem or attorney.

3. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.

4. The department if the petition is filed pursuant to subsection B of this section.

E. The notice shall contain all of the following:

1. The name and address of the person to whom the notice is directed.

2. The date, time and place of the hearing on the petition.

3. The name of the child on whose behalf the petition has been filed.

4. A statement that the parent or guardian and the child are entitled to have an attorney present at the hearing and that, if the parent or guardian is indigent and cannot afford an attorney and wants to be represented by an attorney, one will be provided.

5. A statement that the parent or guardian must be prepared to provide to the court at the initial dependency hearing the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.

6. A statement that the hearing may result in further proceedings for permanent guardianship or to terminate parental rights.

7. A statement that as a result of the hearing or further proceedings, the parent or guardian could be placed on the central registry of child abuse and neglect.

F. The petition and notice shall be served on a parent or guardian as soon as possible after the petition is filed and at least five days before the initial dependency hearing if the parent or guardian did not attend the preliminary protective hearing. If a parent or guardian does attend the preliminary protective hearing, the petition and notice shall be served at the preliminary protective hearing.

G. Except as provided in subsection H of this section, on the filing of the petition, the court may issue any temporary orders necessary to provide for the safety and welfare of the child.

H. If a petition is filed pursuant to subsection B of this section, the court may not issue any temporary orders with respect to the department, including placing the child in the department's legal or physical custody, joining the department as a party or ordering the department to provide any services to the child or the family, without first conducting a hearing. At the hearing, the court shall take evidence on the request of the department or a party. The court shall provide the department and a party at least seventy-two-hours seventy-two hours written or electronic notice of the hearing and an opportunity to be heard as to any proposed orders. If the department is provided proper notice and fails to appear, the court may proceed with the hearing. END_STATUTE

Sec. 9. Section 41-619.57, Arizona Revised Statutes, is amended to read:

START_STATUTE41-619.57. Central registry exceptions; expedited review; hearing

A. The board shall determine central registry exceptions for each substantiated report pursuant to section 8-804. The board shall determine a central registry exception after an expedited review or after a central registry exception hearing. The board shall conduct an expedited review within twenty days after receiving an application for a central registry exception.

B. Within forty-five days after conducting an expedited review, the board shall hold a central registry exception hearing if the board determines that the applicant does not qualify for a central registry exception under an expedited review but is qualified to apply for a central registry exception and the applicant submits an application for a central registry exception within the time limits prescribed by rule.

C. When determining whether a person is eligible to receive a central registry exception pursuant to section 8-804, the board shall consider whether the person has shown to the board's satisfaction that the person is successfully rehabilitated and is not a recidivist. Before granting a central registry exception under expedited review, the board shall consider all of the criteria listed in subsection E of this section.

D. The following persons shall be present during central registry exception hearings:

1. The board or its hearing officer.

2. The person who requested the central registry exception hearing. The person may be accompanied by a representative at the hearing.

E. The board may grant a central registry exception at a hearing if the person shows to the board's satisfaction that the person is successfully rehabilitated and is not a recidivist. The board may consider the person's criminal record in determining if a person has been successfully rehabilitated. If the applicant fails to appear at the hearing without good cause, the board may deny a central registry exception. The board shall grant or deny a central registry exception within eighty days after the central registry exception hearing. Before granting a central registry exception at a hearing the board shall consider all of the following in accordance with board rule:

1. The extent of the person's central registry records.

2. The length of time that has elapsed since the abuse or neglect occurred.

3. The nature of the abuse or neglect.

4. Any applicable mitigating circumstances.

5. The degree to which the person participated in the abuse or neglect.

6. The extent of the person's rehabilitation, including:

(a) Evidence of positive action to change the person's behavior, such as completion of counseling or a drug treatment, domestic violence or parenting program.

(b) Personal references attesting to the person's rehabilitation.

F. If the board grants a central registry exception to a person, the board shall notify the department of child safety, the department of economic security or the department of health services, as appropriate, in writing.

G. A person who is granted a central registry exception is not entitled to have the person's report and investigation outcome purged from the central registry except as required pursuant to section 8-804, subsections G and H and I.

H. Pending the outcome of a central registry exception determination, a central registry exception applicant may not provide direct services to children pursuant to title 36, chapter 7.1.

I. The board is exempt from chapter 6, article 10 of this title. END_STATUTE

Sec. 10. Section 41-1092.02, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1092.02. Appealable agency actions; application of procedural rules; exemption from article

A. This article applies to all contested cases as defined in section 41-1001 and all appealable agency actions, except contested cases with or appealable agency actions of:

1. The state department of corrections.

2. The board of executive clemency.

3. The industrial commission of Arizona.

4. The Arizona corporation commission.

5. The Arizona board of regents and institutions under its jurisdiction.

6. The state personnel board.

7. The department of juvenile corrections.

8. The department of transportation, except as provided in title 28, chapter 30, article 2.

9. The department of economic security except as provided in section 46-458.

10. The department of revenue regarding:

(a) Income tax or withholding tax.

(b) Any tax issue related to information associated with the reporting of income tax or withholding tax unless the taxpayer requests in writing that this article apply and waives confidentiality under title 42, chapter 2, article 1.

11. The board of tax appeals.

12. The state board of equalization.

13. The state board of education, but only in connection with contested cases and appealable agency actions related to either:

(a) Applications for issuance or renewal of a certificate and discipline of certificate holders and noncertificated persons pursuant to sections 15-203, 15-505, 15-534, 15-534.01, 15-535, 15-545 and 15-550.

(b) The Arizona empowerment scholarship account program pursuant to title 15, chapter 19.

14. The board of fingerprinting.

15. The department of child safety except as provided in sections section 8-506.01 and 8-811.

B. Unless waived by all parties, an administrative law judge shall conduct all hearings under this article, and the procedural rules set forth in this article and rules made by the director apply.

C. Except as provided in subsection A of this section:

1. A contested case heard by the office of administrative hearings regarding taxes administered under title 42 shall be subject to section 42-1251.

2. A final decision of the office of administrative hearings regarding taxes administered under title 42 may be appealed by either party to the director of the department of revenue, or a taxpayer may file and appeal directly to the board of tax appeals pursuant to section 42-1253.

D. Except as provided in subsections A, B, E, F and G of this section and notwithstanding any other administrative proceeding or judicial review process established in statute or administrative rule, this article applies to all appealable agency actions and to all contested cases.

E. Except for a contested case or an appealable agency action regarding unclaimed property, sections 41-1092.03, 41-1092.08 and 41-1092.09 do not apply to the department of revenue.

F. The board of appeals established by section 37-213 is exempt from:

1. The time frames for hearings and decisions provided in section 41-1092.05, subsection A, section 41-1092.08 and section 41-1092.09.

2. The requirement in section 41-1092.06, subsection A to hold an informal settlement conference at the appellant's request if the sole subject of an appeal pursuant to section 37-215 is the estimate of value reported in an appraisal of lands or improvements.

G. Auction protest procedures pursuant to title 37, chapter 2, article 4.1 are exempt from this article. END_STATUTE

Sec. 11. Effective date

Sections 8-456, 8-802, 8-804 and 8-804.01, Arizona Revised Statutes, as amended by this act, section 8-804.02, Arizona Revised Statutes, as added by this act, section 8-811, Arizona Revised Statutes, as repealed by this act, section 8-811, Arizona Revised Statutes, as added by this act, and sections 41-619.57 and 41-1092.02, Arizona Revised Statutes, as amended by this act, are effective from and after March 14, 2025.