HB 2530
Initials AG Page 1 Vetoed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: HHS DPA 9-0-0-0 | 3
rd
Read 31-28-1-0
Senate: HHS DPA 4-3-0-0 | 3
rd
Read 17-13-0-0
Final Pass: 31-27-1-1
HB 2530: substance exposure; pregnant women; neglect
Sponsor: Representative Jones, LD 17
Vetoed
Overview
Directs the Arizona 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, upon receiving a communication involving substance use by a pregnant
woman, to provide the caller with the contact information for AHCCCS and to transfer the call
to AHCCCS, if possible. (Sec. 1) HB 2530
Initials AG Page 2 Vetoed
2. Instructs AHCCCS to refer the pregnant woman to a provider for substance use treatment.
(Sec. 1)
3. 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)
4. Clarifies that notwithstanding any other law, DCS may not maintain a communication
regarding the substance use of a pregnant woman. (Sec. 1)
5. 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, only with the woman's consent. (Sec. 2, 5)
6. Expands the factors used in determining if a child is neglected to include proof that the mother
was referred for substance use services and support and participated in substance use
treatment certified by a health care professional. (Sec. 3)
7. Specifies that proof of the mother's participation 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)
8. 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 substance use services and support, only with the woman's consent. (Sec. 4)
9. 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)
10. Makes technical and conforming changes. (Sec. 1, 3)