HB 2530
Initials AG Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: HHS DPA 9-0-0-0
HB 2530: substance exposure; pregnant women; neglect
Sponsor: Representative Jones, LD 17
House Engrossed
Overview
Directs the Department of Child Safety (DCS) if it receives a communication involving substance
use by a pregnant woman to provide the information regarding the communication to the Arizona
Health Care Cost Containment System (AHCCCS) for referral to a provider for substance use
treatment. Instructs health care professionals to refer a pregnant woman to substance use
services and supports to facilitate maternal and infant safety on a finding of the woman using
alcohol, or a dangerous or narcotic drug.
History
DCS must 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 DCS employee other than through the hotline, the employee
must refer the person or communication to the hotline.
A hotline worker must 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 18 years of age; 3) the suspected victim
of the conduct is a resident of or present in Arizona; and 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 (A.R.S. § 8-455).
Any individual who reasonably believes that a minor is or has been the victim of physical injury,
abuse, child abuse, a reportable offense or neglect that appears to have been inflicted by
nonaccidental means must immediately report or cause reports to be made of this information to
a peace officer, DCS, tribal law enforcement or social services agency. This duty to report applies
to various health care professionals, law enforcement, child welfare workers, religious leaders,
family members, supervisors, administrators, school personnel, advocates and any individuals
who have responsibility for the care or treatment of the minor.
Specifically, health care professionals who after a routine newborn physical assessment of a
newborn infant's health status or following notification of a positive toxicology screen, reasonably
believes that the newborn infant may be affected by the presence of alcohol or drugs must
immediately report this information on or cause a report to be made to DCS (A.R.S. § 13-3620).
Provisions
1. Requires DCS if it receives a communication involving substance use by a pregnant woman
to provide the information regarding the communication to AHCCCS who will refer the woman
to a provider for substance use treatment. (Sec. 1)
2. Specifies that a receipt of a communication involving substance use by a pregnant woman
may not result in an investigation of abuse or neglect. (Sec. 1) HB 2530
Initials AG Page 2 House Engrossed
3. States that on a finding or report of a pregnant woman using alcohol or a dangerous or
narcotic drug and subject to the statutory reporting requirements, a licensed or certified
health care professional must refer the woman to substance use services and support to
facilitate maternal and infant safety. (Sec. 2, 5)
4. Specifies that proof that the mother was referred for substance use services and support
and participated in substance use treatment certified by a health care professional may
be considered a mitigating factor when determining if a child is neglected. (Sec. 3)
5. Adds that a health care professional who suspects the use of alcohol or a dangerous or
narcotic drug, through clinical indicators in the prenatal period, including maternal
presentation or positive toxicology or other laboratory tests must immediately refer the
woman to AHCCCS for substance use services and support. (Sec. 4)
6. Stipulates that the presence of prenatal clinical indicators, a woman's substance use
history or participation in substance use services and treatment alone may not be the
basis of a report of suspected neglect to DCS on the birth of the child. (Sec. 4)
7. Makes technical and conforming changes. (Sec. 1, 3)