Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2213
TPT; exemption; utilities; residential customers
(NOW: case management; remote access; requirements)
Purpose
Requires the Department of Child Safety (DCS) to provide the Arizona Supreme Court and
the Office of the Ombudsman-Citizens Aide (Ombudsman) with direct remote access to all
automated case management systems that are used by DCS.
Background
Current statute requires DCS information to be maintained by DCS as required by federal
law as a condition of the allocation of federal monies to Arizona. DCS, or a person who receives
DCS information must provide DCS information to a federal agency, a state agency, a tribal
agency, a law enforcement agency, a prosecutor, an attorney or a guardian ad litem representing a
child victim of crime, a school, a community service provider, a contact service provider or any
other person that is providing services related to DCS. DCS must disclose DCS information to a
court, a party in a dependency or termination of parental rights proceeding or the party's attorney,
the foster care review board or a court appointed special advocate for statutorily outlined purposes
(A.R.S. § 8-807).
To provide oversight of DCS, DCS must provide access to DCS information to the
following persons if the DCS information is reasonably necessary for the person to perform the
person's official duties: 1) federal or state auditors; 2) persons conducting any accreditation
deemed necessary by DCS; 3) a standing committee of the Legislature or a committee appointed
by the President of the Senate or the Speaker of the House of Representatives for the purposes of
conducting investigations related to legislative oversight of DCS; 4) a legislator who requests DCS
information in the regular course of the legislator's duties; 5) a citizen review panel, child fatality
review team and the Ombudsman; 6) an independent oversight committee on persons with
developmental disabilities; and 7) the Governor (A.R.S. § 8-807).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires DCS to provide, to the Arizona Supreme Court, direct remote access to all automated
case management systems that are used by DCS for the Arizona Supreme Court to use in
assisting a local foster care review board in performing the boards duties.
2. Requires DCS, if information is not available through the DCS automated case management
systems, to provide the Arizona Supreme Court with a hard copy of all records kept by DCS
for the Arizona Supreme Court to use in assisting a local foster care review board in performing
their duties. FACT SHEET
H.B. 2213
Page 2
3. Removes the requirement that DCS and the Administrative Office of the Courts, on behalf of
the State Foster Care Review Board must enter into a data sharing agreement to govern the
parameters of the automated information exchange.
4. Requires DCS to provide information necessary for foster care review boards to perform their
statutory duties through direct remote online access to all DCS information identified by the
foster care review board as necessary for the performance of the board's duties.
5. Requires DCS to furnish any hard copy record pertaining to a case assigned to a foster care
review board that is necessary for the performance of the board's duties, if the information
contained in the record is not available in an automated case management system used by DCS.
6. Requires DCS to keep all DCS information separate within DCS's case management
information system.
7. Requires DCS information to be kept in the following categories:
a) information and records that are protected by attorney-client privilege;
b) information and records that are considered attorney work products; and
c) background check information that is obtained from the Department of Public Safety or the
Federal Bureau of Investigation, not including background check information that is
independently verified by DCS.
8. States that it is the public policy of Arizona that the Ombudsman has direct remote access to
all DCS information within DCS's automated case management system unless explicitly
prohibited by law.
9. Specifies that any person or entity charged with interpreting the outlined statute relating to
DCS and the Ombudsman must construe the outlined statute to be in favor of open access for
the Ombudsman.
10. Specifies that nothing in the outlined statute relating to DCS and the Ombudsman must be
construed as to restrict or permit DCS to restrict the access of the Ombudsman to the DCS
automated case management system or any DCS information.
11. States that this legislation does not permit public disclosure of records maintained by the
Ombudsman subject to confidentiality.
12. Redefines DCS information as information that:
a) includes all information that DCS gathers during the course of an investigation from the
time a file is opened and until it is closed; and
b) does not include information that is contained in child welfare agency licensing records.
13. Makes technical and conforming changes.
14. Becomes effective on the general effective date.
FACT SHEET
H.B. 2213
Page 3
House Action
WM 2/8/23 W/D
GOV 2/15/23 DPA/SE 9-0-0-0
3
rd
Read 3/1/23 31-28-1
Prepared by Senate Research
March 21, 2023
ZD/SB/sr