Bill Text: AZ SB1307 | 2022 | Fifty-fifth Legislature 2nd Regular | Chaptered
Bill Title: Child services; safety assessment model
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-04-26 - Chapter 195 [SB1307 Detail]
Download: Arizona-2022-SB1307-Chaptered.html
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Senate Engrossed
child services; safety assessment model |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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CHAPTER 195
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SENATE BILL 1307 |
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An Act
amending sections 8-456, 8-817 and 8-822, 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 8-456, Arizona Revised Statutes, is amended to read:
8-456. 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. Uniform safety and risk assessment tools to determine whether the conduct constitutes abuse or neglect and the severity of the abuse or neglect.
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.
C. 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.
D. 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.
E. 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 C 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.
F. 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.
G. 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.
H. 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.
I. 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.
Sec. 2. Section 8-817, Arizona Revised Statutes, is amended to read:
8-817. Initial screening and safety assessment and investigation protocols
A. The department shall develop, establish and implement initial screening and safety assessment protocols in consultation with the attorney general and statewide with county attorneys, chiefs of police, sheriffs, medical experts, victims' rights advocates, domestic violence victim advocates and mandatory reporters. Any initial screening and safety assessment tools model shall be based on sound methodology an evidence-informed safety assessment model prescribed in section 8-456 and shall ensure valid and reliable responses. The department shall establish written policies and procedures to implement the use of the initial screening and safety assessment protocols.
B. To ensure thorough investigations of those accused of crimes against children, in each county, the county attorney, in cooperation with the sheriff, the chief law enforcement officer for each municipality in the county and the department shall develop, adopt and implement protocols to guide the conduct of investigations of allegations involving criminal conduct. The protocols shall include:
1. The process for notification of receipt of criminal conduct allegations.
2. The standards for interdisciplinary investigations of specific types of abuse and neglect, including timely forensic medical evaluations.
3. The standards for interdisciplinary investigations involving Native American children in compliance with the Indian child welfare act.
4. Procedures for sharing information and standards for the timely disclosure of information.
5. Procedures for coordination of screening, response and investigation with other involved professional disciplines and notification of case status and standards for the timely disclosure of related information.
6. The training required for the involved child safety workers, law enforcement officers and prosecutors to execute the investigation protocols, including forensic interviewing skills.
7. The process to ensure review of and compliance with the investigation protocols and the reporting of activity under the protocols.
8. Procedures for annual reports to be transmitted within forty-five days after the end of each fiscal year independently from each county attorney to the governor, the speaker of the house of representatives and the president of the senate and a copy of these reports to be provided to the secretary of state. Each report made pursuant to this paragraph must be independently prepared and submitted without any input from or communication with the other reporting entities. Each report is a public document and shall include:
(a) The number of criminal conduct allegations investigated and how many of these investigations were conducted jointly pursuant to the investigation protocols established in this subsection.
(b) Information from each county attorney regarding the number of cases presented for review, the number of persons charged in those cases, the reasons why charges were not pursued and the disposition of these cases.
(c) The reasons why a joint investigation did not take place.
9. Procedures for dispute resolution.
C. The department shall cooperate with the county attorney and the appropriate law enforcement agency pursuant to the investigation protocols adopted in this section. In instances of criminal conduct against a child, the department shall protect the victim's rights of the children in its custody against harassment, intimidation and abuse, as applicable, pursuant to article II, section 2.1, Constitution of Arizona.
D. The county attorney and the law enforcement agency shall cooperate with the department pursuant to the investigation protocols adopted in this section.
Sec. 3. Section 8-822, Arizona Revised Statutes, is amended to read:
8-822. Removal of child from home; rules and policies; approval; definition
A. The department shall adopt rules and establish clear policies and procedures, where appropriate, to:
1. Determine the circumstances under which it is appropriate to remove a child from the custody of the child's parents, guardian or custodian.
2. Ensure the immediate notification of the child's parents, guardian or custodian regarding the removal of the child from home, school or child care and the timely interview of the child and the child's parent, guardian or custodian.
B. The department shall apply its rules, policies and safety and risk assessment tools model prescribed in section 8-456 uniformly across this state.
C. Except as provided in subsection D of this section, the department may not remove a child from the custody of the child's parents, guardian or custodian unless both of the following occur before the removal:
1. The child safety worker who is recommending the removal submits the reasons for removal and supporting information to the worker's supervisor.
2. The worker's supervisor reviews the reasons and supporting information and approves the removal.
D. If an emergency exists affecting the health or safety of a child, a child safety worker may remove the child before notifying the worker's supervisor. The child safety worker shall submit the reasons for removal and supporting information to the worker's supervisor for the supervisor's review and approval within two hours after the removal of the child or, if the removal occurs after regular working hours, by 8:30 a.m. the next day.
E. For the purposes of this section, "supervisor" includes the permanent supervisor of a child safety worker and a temporary supervisor assigned to the child safety worker in the absence of the permanent supervisor.
APPROVED BY THE GOVERNOR APRIL 26, 2022.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 26, 2022.
