Bill Text: AZ SB1664 | 2024 | Fifty-sixth Legislature 2nd Regular | Chaptered
Bill Title: DCS; tiered central registry; hearings
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-04-09 - Chapter 127 [SB1664 Detail]
Download: Arizona-2024-SB1664-Chaptered.html
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Senate Engrossed
DCS; tiered central registry; hearings |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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CHAPTER 127
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SENATE BILL 1664 |
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An Act
amending sections 8-802, 8-804 and 8-804.01, Arizona Revised Statutes; amending title 8, chapter 4, article 8, Arizona Revised Statutes, by adding section 8-804.02; amending sections 8-811, 8-841 and 41-619.57, Arizona Revised Statutes; relating to the department of child safety.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-802, Arizona Revised Statutes, is amended to read:
8-802. 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.
Sec. 2. Section 8-804, Arizona Revised Statutes, is amended to read:
8-804. 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.
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.
(c) Individuals who apply for child welfare agency licensing.
(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.
(c) A subcontractor of a contractor and the subcontractor's employees.
(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 of abuse or neglect was made against them and was substantiated placed on the central registry. The forms are confidential. If this certification does not indicate a current investigation or a substantiated report 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 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.
Sec. 3. Section 8-804.01, Arizona Revised Statutes, is amended to read:
8-804.01. 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 if the finding of CHILD abuse or neglect is supported by a preponderance of the evidence, 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 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.
Sec. 4. Title 8, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 8-804.02, to read:
8-804.02. Tiered system for placement on central registry; rules
A. The department shall adopt rules by September 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, 2026, 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.
Sec. 5. Section 8-811, Arizona Revised Statutes, is amended to read:
8-811. Hearing process; definitions
A. The department shall notify a person who is alleged to have abused or neglected a child that the department intends to substantiate the allegation in the central registry pursuant to section 8-804 and of that person's right:
1. To receive a copy of the report containing the allegation.
2. To a hearing before the entry into the central registry.
B. The department shall provide the notice prescribed in subsection A of this section by first class mail or by personal service no more than fourteen days after completion of the investigation.
C. A request for a hearing on the proposed finding must be received by the department within twenty days after the mailing or personal service of the notice by the department.
D. The department shall not disclose any information related to the investigation of the allegation except as provided in sections 8-456, 8-807, 8-807.01 and 13-3620.
E. If a request for a hearing is made pursuant to subsection C of this section, the department shall conduct a review before the hearing. The department shall provide an opportunity for the accused person to provide written or verbal information to support the position that the department should not substantiate the allegation. If the department determines that there is no probable cause that the accused person engaged in the alleged conduct the proposed finding is not supported by a preponderance of the evidence, the department shall amend the information or finding in the report and shall notify the person and a hearing shall not be held.
F. Notwithstanding section 41-1092.03, the notification prescribed in subsection A of this section shall also state that if the department does not amend the information or finding in the report as prescribed in subsection E of this section within sixty days after it receives the request for a hearing the person has a right to a hearing unless:
1. The person is a party in a pending civil, criminal or administrative proceeding in which the allegations of abuse or neglect are at issue.
2. The person is a party in a pending juvenile proceeding in which the allegations of abuse or neglect are at issue.
3. A court or administrative law judge has made findings as to the alleged abuse or neglect.
4. A court has found that a child is dependent or has terminated a parent's rights based on an allegation of abuse or neglect.
G. If the court or administrative law judge in a pending proceeding described in subsection F, paragraph 1 or 2 of this section does not make a finding of abuse or neglect and the matter is no longer pending in that forum, the person has a right to a hearing pursuant to subsection F of this section.
H. If the court or administrative law judge in a proceeding described in subsection F of this section has made a finding of abuse or neglect, the finding shall be entered into the central registry as a substantiated report.
I. If the department does not amend the information or finding in the report as prescribed in subsection E of this section, the department shall notify the office of administrative hearings of the request for a hearing no not later than five days after completion of the review. The department shall forward all records, reports and other relevant information with the request for hearing within ten days. The department shall redact the identity of the reporting source before transmitting the information to the office of administrative hearings.
J. The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10, with the following exceptions:
1. A child who is the victim of or a witness to abuse or neglect is not required to testify at the hearing.
2. A child's hearsay statement is admissible if the time, content and circumstances of that statement are sufficiently indicative of its reliability.
3. The identity of the reporting source of the abuse or neglect shall not be disclosed without the permission of the reporting source.
4. The reporting source is not required to testify.
5. A written statement from the reporting source may be admitted if the time, content and circumstances of that statement are sufficiently indicative of its reliability.
6. If the person requesting the hearing fails to appear, the hearing shall be vacated and a substantiated finding of abuse or neglect shall be entered. On good cause shown, the hearing may be rescheduled if the request is made within fifteen calendar days after the date of the notice vacating the hearing for failure to appear.
K. On completion of the presentation of evidence, the administrative law judge shall determine if probable cause exists to sustain the department's finding that the parent, guardian or custodian abused or neglected the child the proposed finding is supported by a preponderance of the evidence. If the administrative law judge determines that probable cause exists to sustain the department's finding of abuse or neglect the proposed finding is supported by a preponderance of the evidence, the sustained finding shall be entered into the central registry as a substantiated report. If the administrative law judge determines that probable cause does not exist to sustain the department's finding the proposed finding is not supported by a preponderance of the evidence, the administrative law judge shall order the department to amend the information or finding in the report.
L. When the department is requested to verify pursuant to section 8-807, if the central registry contains a substantiated report about a specific person, the department shall determine if the report was taken after January 1, 1998. If the report was taken after January 1, 1998, the department shall notify the requestor of the substantiated finding. If the report was taken before January 1, 1998, the department shall notify the person of the person's right to request an administrative hearing. The department shall not send this notification if the person was a party in a civil, criminal or administrative proceeding in which the allegations of abuse or neglect were at issue. The provisions of this section shall apply to the person's appeal.
M. The department shall provide the parent, guardian or custodian who is the subject of the investigation and the person who reported the suspected child abuse or neglect if that person is the child's parent, guardian or custodian with a copy of the outcome of the investigation at one of the following times:
1. If the report is unsubstantiated.
2. If probable cause exists that abuse or neglect has occurred the proposed finding is supported by a preponderance of the evidence but a specific person is not identified as having abused or neglected the child.
3. After the time to request a hearing has lapsed pursuant to subsection C of this section without the department receiving a request for a hearing.
4. After a final administrative decision has been made pursuant to section 41-1092.08.
N. For the purposes of this section:
1. "Amend the finding" means to change the finding from substantiated to unsubstantiated.
2. "Amend the information" means to change information identifying the accused of having abused or neglected a child.
Sec. 6. Section 8-841, Arizona Revised Statutes, is amended to read:
8-841. 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.
Sec. 7. Section 41-619.57, Arizona Revised Statutes, is amended to read:
41-619.57. 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.
APPROVED BY THE GOVERNOR APRIL 9, 2024.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 9, 2024.
