Bill Text: AZ SB1067 | 2024 | Fifty-sixth Legislature 2nd Regular | Chaptered
Bill Title: DCS; group homes; investigations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-03-29 - Chapter 47 [SB1067 Detail]
Download: Arizona-2024-SB1067-Chaptered.html
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Senate Engrossed
DCS; group homes; investigations |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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CHAPTER 47
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SENATE BILL 1067 |
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An Act
amending sections 8-201, 8-455, 8-456, 8-803 and 8-811, Arizona Revised Statutes; relating to child welfare.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-201, Arizona Revised Statutes, is amended to read:
8-201. Definitions
In this title, unless the context otherwise requires:
1. "Abandoned" means the failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandoned includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.
2. "Abuse":
(a) Means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child, including an employee of a child welfare agency where a CHILD is placed that is licensed by and contracted with the department. Abuse
(b) Includes:
(a) (i) Inflicting or allowing sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553, incest pursuant to section 13-3608 or child sex trafficking pursuant to section 13-3212.
(b) (ii) Physical injury that results from allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug as defined in section 13-3401.
(c) (iii) Unreasonable confinement of a child.
3. "Adult" means a person who is eighteen years of age or older.
4. "Adult court" means the appropriate justice court, municipal court or criminal division of the superior court that has jurisdiction to hear proceedings concerning offenses committed by juveniles as provided in sections 8-327 and 13-501.
5. "Award" or "commit" means to assign legal custody.
6. "Child", "youth" or "juvenile" means an individual who is under eighteen years of age.
7. "Complaint" means a written statement of the essential facts constituting a public offense that is any of the following:
(a) Made on an oath before a judge or commissioner of the superior court or an authorized juvenile hearing officer.
(b) Made pursuant to section 13-3903.
(c) Accompanied by an affidavit of a law enforcement officer or employee that swears on information and belief to the accuracy of the complaint pursuant to section 13-4261.
8. "Criminal conduct allegation" means an allegation of conduct by a parent, guardian or custodian of a child or an adult member of the victim's household that, if true, would constitute any of the following:
(a) A violation of section 13-3623 involving child abuse.
(b) A felony offense that constitutes domestic violence as defined in section 13-3601.
(c) A violation of section 13-1404 or 13-1406 involving a minor.
(d) A violation of section 13-1405, 13-1410 or 13-1417.
(e) Any other act of abuse that is classified as a felony.
(f) An offense that constitutes domestic violence as defined in section 13-3601 and that involves a minor who is a victim of or was in imminent danger during the domestic violence.
9. "Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court.
10. "DCS report" means a communication received by the centralized intake hotline that alleges child abuse or neglect and that meets the criteria for a report as prescribed in section 8-455.
11. "Delinquency hearing" means a proceeding in the juvenile court to determine whether a juvenile has committed a specific delinquent act as set forth in a petition.
12. "Delinquent act" means an act by a juvenile that if committed by an adult would be a criminal offense or a petty offense, a violation of any law of this state, or of another state if the act occurred in that state, or a law of the United States, or a violation of any law that can only be violated by a minor and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime. Delinquent act does not include an offense under section 13-501, subsection A or B if the offense is filed in adult court. Any juvenile who is prosecuted as an adult or who is remanded for prosecution as an adult shall not be adjudicated as a delinquent juvenile for the same offense.
13. "Delinquent juvenile" means a child who is adjudicated to have committed a delinquent act.
14. "Department" means the department of child safety.
15. "Dependent child":
(a) Means a child who is adjudicated to be:
(i) In need of proper and effective parental care and control and who has no parent or guardian, or one who has no parent or guardian willing to exercise or capable of exercising such care and control.
(ii) Destitute or who is not provided with the necessities of life, including adequate food, clothing, shelter or medical care.
(iii) A child whose home is unfit by reason of abuse, neglect, cruelty or depravity by a parent, a guardian or any other person having custody or care of the child.
(iv) Under eight years of age and who is found to have committed an act that would result in adjudication as a delinquent juvenile or incorrigible child if committed by an older juvenile or child.
(v) Incompetent or not restorable to competency and who is alleged to have committed a serious offense as defined in section 13-706.
(b) Does not include a child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner if none of the circumstances described in subdivision (a) of this paragraph exists.
16. "Detention" means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation.
17. "Director" means the director of the department.
18. "Health professional" has the same meaning prescribed in section 32-3201.
19. "Incorrigible child" means a child who:
(a) Is adjudicated as a child who refuses to obey the reasonable and proper orders or directions of a parent, guardian or custodian and who is beyond the control of that person.
(b) Is habitually truant from school as defined in section 15-803, subsection C.
(c) Is a runaway from the child's home or parent, guardian or custodian.
(d) Habitually behaves in such a manner as to injure or endanger the morals or health of self or others.
(e) Commits any act constituting an offense that can only be committed by a minor and that is not designated as a delinquent act.
(f) Fails to obey any lawful order of a court of competent jurisdiction given in a noncriminal action.
20. "Independent living program" includes a residential program with supervision of less than twenty-four hours a day.
21. "Juvenile court" means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility.
22. "Law enforcement officer" means a peace officer, sheriff, deputy sheriff, municipal police officer or constable.
23. "Medical director of a mental health agency":
(a) Means a psychiatrist, or licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency, or a psychiatrist designated by the governing body to act for the director.
(b) Includes the superintendent of the state hospital.
24. "Mental health agency" means any private or public facility that is licensed by this state as a mental health treatment agency, a psychiatric hospital, a psychiatric unit of a general hospital or a residential treatment center for emotionally disturbed children and that uses secure settings or mechanical restraints.
25. "Neglect" or "neglected" means:
(a) The inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes substantial risk of harm to the child's health or welfare, except if the inability of a parent, guardian or custodian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services.
(b) Allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person with the intent and for the purpose of manufacturing a dangerous drug as defined in section 13-3401.
(c) A determination by a health professional that a newborn infant was exposed prenatally to a drug or substance listed in section 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional. This subdivision does not expand a health professional's duty to report neglect based on prenatal exposure to a drug or substance listed in section 13-3401 beyond the requirements prescribed pursuant to section 13-3620, subsection E. The determination by the health professional shall be based on one or more of the following:
(i) Clinical indicators in the prenatal period including maternal and newborn presentation.
(ii) History of substance use or abuse.
(iii) Medical history.
(iv) Results of a toxicology or other laboratory test on the mother or the newborn infant.
(d) Diagnosis by a health professional of an infant under one year of age with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects.
(e) Deliberate exposure of a child by a parent, guardian or custodian to sexual conduct as defined in section 13-3551 or to sexual contact, oral sexual contact or sexual intercourse as defined in section 13-1401, bestiality as prescribed in section 13-1411 or explicit sexual materials as defined in section 13-3507.
(f) Any of the following acts committed by the child's parent, guardian or custodian with reckless disregard as to whether the child is physically present:
(i) Sexual contact as defined in section 13-1401.
(ii) Oral sexual contact as defined in section 13-1401.
(iii) Sexual intercourse as defined in section 13-1401.
(iv) Bestiality as prescribed in section 13-1411.
26. "Newborn infant" means a child who is under thirty days of age.
27. "Petition" means a written statement of the essential facts that allege delinquency, incorrigibility or dependency.
28. "Prevention" means the creation of conditions, opportunities and experiences that encourage and develop healthy, self-sufficient children and that occur before the onset of problems.
29. "Protective supervision" means supervision that is ordered by the juvenile court of children who are found to be dependent or incorrigible.
30. "Qualified young adult" means a former dependent child who is at least eighteen years of age and not over twenty-one years of age, who meets the criteria for an extended foster care program pursuant to section 8-521.02 and who signs a voluntary agreement to participate in the program.
31. "Referral" means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act.
32. "Secure care" means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress.
33. "Serious emotional injury" means an injury that is diagnosed by a medical doctor or a psychologist and that does any one or a combination of the following:
(a) Seriously impairs mental faculties.
(b) Causes serious anxiety, depression, withdrawal or social dysfunction behavior to the extent that the child suffers dysfunction that requires treatment.
(c) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608.
34. "Serious physical injury" means an injury that is diagnosed by a medical doctor and that does any one or a combination of the following:
(a) Creates a reasonable risk of death.
(b) Causes serious or permanent disfigurement.
(c) Causes significant physical pain.
(d) Causes serious impairment of health.
(e) Causes the loss or protracted impairment of an organ or limb.
(f) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608.
35. "Shelter care" means the temporary care of a child in any public or private facility or home that is licensed by this state and that offers a physically nonsecure environment that is characterized by the absence of physically restricting construction or hardware and that provides the child access to the surrounding community.
36. "Young adult administrative review" means an administrative review of a voluntary extended foster care case plan with the qualified young adult, the department's case specialist or designee, an independent party who is not responsible for the case management of or the delivery of services to the qualified young adult and any other individual the young adult invites.
Sec. 2. Section 8-455, Arizona Revised Statutes, is amended to read:
8-455. Centralized intake hotline; purposes; report of possible crime; DCS report; risk assessment tools; access to information; public awareness; definitions
A. The department shall operate and maintain a centralized intake hotline to protect children by receiving at all times communications concerning suspected abuse or neglect. If a person communicates suspected abuse or neglect to a department employee other than through the hotline, the employee shall refer the person or communication to the hotline.
B. The hotline is the first step in the safety assessment and investigation process and must be operated to:
1. Record communications made concerning suspected abuse or neglect.
2. Immediately take steps necessary to identify and locate prior communications and DCS reports related to the current communication using the department's data system and the central registry system of this state.
3. Quickly and efficiently provide information to a law enforcement agency or prepare a DCS report as required by this section.
4. Determine the proper initial priority level of investigation based on the report screening assessment and direct the DCS report to the appropriate part of the department based on this determination.
C. If a communication provides a reason to believe that a criminal offense has been committed and the communication does not meet the criteria for a DCS report, the hotline worker shall immediately provide the information to the appropriate law enforcement agency.
D. A hotline worker shall prepare a DCS report if the identity or current location of the child victim, the child's family or the person suspected of abuse or neglect is known or can be reasonably ascertained and all of the following are alleged:
1. The suspected conduct would constitute abuse or neglect.
2. The suspected victim of the conduct is under eighteen years of age.
3. The suspected victim of the conduct is a resident of or present in this state.
4. The person suspected of committing the abuse or neglect is the parent, guardian or custodian of the victim or an adult member of the victim's household.
E. A hotline worker shall prepare a DCS report if the identity of the person who is suspected of abuse is an employee of a child welfare agency and both of the following apply:
1. The child victim is placed with the agency.
2. The agency is licensed by and contracted with the department.
E. f. Except for criminal conduct allegations, the department is not required to prepare a DCS report if all of the following apply:
1. The suspected conduct occurred more than three years before the communication to the hotline.
2. There is no information or indication that a child is currently being abused or neglected.
F. g. Investigations of DCS reports shall be conducted as provided in section 8-456 except for investigations containing allegations of criminal conduct, which shall be conducted as provided in section 8-471.
G. h. The department is not required to prepare a DCS report concerning alleged abuse or neglect if the alleged act or acts occurred in a foreign country and the child is in the custody of the federal government.
H. i. The department shall develop and train hotline workers to use uniform risk assessment tools to determine:
1. Whether the suspected conduct constitutes abuse or neglect and the severity of the suspected abuse or neglect.
2. Whether the suspected abuse or neglect involves criminal conduct, even if the communication does not result in the preparation of a DCS report.
3. The appropriate investigative track for referral based on the risk to the child's safety.
I. j. A DCS report must include, if available, all of the following:
1. The name, address or contact information for the person making the communication.
2. The name, address and other location or contact information for the parent, guardian or custodian of the child or other adult member of the child's household who is suspected of committing the abuse or neglect.
3. The name, address and other location or contact information of an employee of a child welfare agency who is suspected of committing abuse if both of the following apply:
(a) The child victim is placed with the agency.
(b) The agency is licensed by and contracted with the department.
3. 4. The name, address and other location or contact information for the child.
4. 5. The nature and extent of the indications of the child's abuse or neglect, including any indication of physical injury.
5. 6. Any information regarding possible prior abuse or neglect, including reference to any communication or DCS report involving the child, the child's siblings or the person suspected of committing the abuse or neglect.
J. k. Information gathered through the hotline must be made available to an employee of the department in order to perform the employee's duties. The office of child welfare investigations and the inspections bureau must have immediate access to all records of the hotline.
K. l. A representative of the:
1. Office of child welfare investigations must be embedded in the hotline to carry out the purposes of section 8-471.
2. Inspections bureau must be embedded in the hotline to carry out the purposes of section 8-458.
L. m. The department shall publicize the availability and the purposes of the centralized intake hotline.
M. n. For the purposes of this section:
1. "Centralized intake hotline" means the system developed pursuant to this section regardless of the communication methods or technologies used to implement the system.
2. "Criminal offense" means an allegation of conduct against a child by a person other than a parent, guardian or custodian of the child victim or another adult member of the child's household that, if true, would constitute a felony offense.
Sec. 3. 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. 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 or an employee of a child welfare agency where the child is placed that is licensed by and contracted with the department 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.
Sec. 4. Section 8-803, Arizona Revised Statutes, is amended to read:
8-803. Limitation of authority; duty to inform
A. On initial contact with a parent, guardian or custodian or an employee of a child welfare agency where a CHILD is placed that is licensed by and contracted with the department who is under investigation pursuant to this article, a child safety worker shall:
1. Inform the family or employee, both verbally and in writing, making reasonable efforts to receive written acknowledgement from the parent, guardian or custodian, of receipt of all of the following information:
(a) That the family or employee is under investigation by the department.
(b) The specific complaint or allegation made against that person.
(c) That the worker has no legal authority to compel the family or employee to cooperate with the investigation or to receive child safety services offered pursuant to the investigation.
(d) That absent a court order, the family may deny the worker entry into the family's home.
(e) That the family or employee has the right to seek the advice of an attorney and to have an attorney present when questioned by a worker.
(f) That anything the person says or writes may be used in a court proceeding.
(g) That the family or employee may refuse to do any of the following:
(i) Sign a release of information document.
(ii) Consent to take a drug or alcohol test.
(iii) Submit to a mental health evaluation.
(h) The worker's authority to petition the juvenile court for a determination that a child is dependent.
(i) The person's right to file a complaint with the ombudsman-citizens aide pursuant to section 41-1376. The worker shall provide the telephone number and email address of the ombudsman-citizens aide.
(j) The person's right to appeal determinations made by the department.
(k) Information outlining parental rights under the laws of the state, if applicable.
2. Provide information to the family about the investigation and child safety decision-making process, document that this information has been provided and make reasonable efforts to receive written acknowledgement of receipt of this information. If the worker's reasonable efforts to obtain written acknowledgement of receipt of the information are unsuccessful, the worker shall document the reason why efforts to obtain written acknowledgement were unsuccessful.
B. The child safety worker shall also inform the person about whom the report was made about that person's right to respond to the allegations either verbally or in writing, including any documentation, and to have this information considered in determining if the child is in need of child safety services. The worker shall tell the person that anything the person says or writes can be used in a court proceeding. If the person makes a verbal response, the worker shall include the response in the written report of the investigation. If the person makes a written response, including any documentation, the worker shall include this response and the documentation in the case file. Information provided in response to the allegations shall be considered during the investigation by the worker. The worker shall maintain the response and documentation in the case file and provide this information to the court before a hearing or trial relating to the dependency petition.
C. If the family declines to cooperate with the investigation or to accept or to participate in the offered services, or if the worker otherwise believes that the child should be adjudicated dependent, the worker may file with the juvenile court a petition requesting that the child in need of child safety services be adjudicated dependent.
D. Refusal to cooperate in the investigation or to participate in the offered services does not constitute grounds for temporary custody of a child except if there is a clear necessity for temporary custody as provided in section 8-821.
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 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 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, EMPLOYEE OF A CHILD WELFARE AGENCY WHERE THE CHILD WAS PLACED THAT WAS LICENSED BY AND CONTRACTED WITH THE DEPARTMENT AT THE TIME OF THE ABUSE or custodian abused or neglected the child OR THE PARENT, GUARDIAN OR CUSTODIAN NEGLECTED THE CHILD. If the administrative law judge determines that probable cause exists to sustain the department's finding of abuse or neglect, 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 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 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.
APPROVED BY THE GOVERNOR MARCH 29, 2024.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 29, 2024.
