Bill Text: AZ SB1258 | 2017 | Fifty-third Legislature 1st Regular | Introduced
Bill Title: DCS reports; ruled out classification
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-01-26 - Senate read second time [SB1258 Detail]
Download: Arizona-2017-SB1258-Introduced.html
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REFERENCE TITLE: DCS reports; ruled out classification |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SB 1258 |
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Introduced by Senator Lesko
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AN ACT
amending section 8‑804.01, Arizona Revised Statutes; relating to child abuse and neglect reports.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. 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, 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.
G. If the department determines that a report of child abuse or neglect is unsubstantiated and there is no reasonable evidence to support the report, the department shall classify the report as ruled out.
